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Early legal win for Craig McLachlan

Media organisations want claims against actor heard separately, but judge rules otherwise.

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A hearing in the NSW Supreme Court yesterday began the defamation proceedings between actor Craig McLachlan and actor Christie Whelan Browne/ Fairfax Media / ABC.

As the hearing commenced, Justice Lucy McCallum said: “There is no issue at today’s hearing concerning the truth of the allegations, it’s concerned with the form of the [McLachlan’s] claim and whether that form will stand.”

McLachlan was not in court but represented by Stuart Littlemore QC (formerly of Media Watch fame).

McLachlan’s statement of claim asserts his harm was aggravated by the “dishonesty” of Whelan Browne’s allegations including that she was “notoriously foul mouthed” had an interest in “deviant sexual practices,” used the c*** word and posted sexually suggestive material on her Instagram account.

But Whelan Browne’s barrister said swearing and posting suggestive jokes on Instagram didn’t open her up to being sexually assaulted.

“It borders on victim blaming,” Lyndelle Barnett said.

But Justice McCallum asked Littlemore, “What does it have to do with the allegation of indecent assault, that she uses the word c***?”

“Because the first defendant is a hypocrite,” Littlemore replied.

Littlemore later flagged he would reconsider that claim for aggravated damages. He said the media outlets published a catalogue of accusations and their defence team couldn’t prove they all occurred.

“All in one nutshell this man is written off in all respects as sexually offensive to all those he works with,” he said.

The defendants have also complained the media got hold of McLachlan’s statement of claim before they did.

The court was shown footage of a Channel 7 news report outlining McLachlan’s statement of claim, which was aired the day before the document was served on Whelan Brown.

“The statement of claim has been furnished to [Channel 7] before any of the defendants so the cameras could be there when [it] was served,” Barnett told the court.

McLachlan’s team had a win with the court agreeing to test the 4 claims made against him (indecent assault / harassment / exposing himself / bullying) together, rather than separately, as sought by the media organisations.

ABC will hand over Whelan Browne’s interview in full and unedited to McLachlan’s legal team. ABC and Fairfax will provide its defence in May.

The matter returns to court on June 22nd.

Source: ABC, Nine Seven News