Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shea v TruEnergy Services Pty Ltd (No 3) [2013] FCA 935 Citation: Shea v TruEnergy Services Pty Ltd (No 3) [2013] FCA 935
Parties: KATE SHEA v ENERGYAUSTRALIA SERVICES PTY LTD
File number: VID 289 of 2012
Judge: DODDS-STREETON J
Date of judgment: 27 August 2013
Catchwords: PRACTICE AND PROCEDURE – allegation that the respondent's managing director participated in and condoned a culture of lewdness and sexual harassment in the workplace – whether private telephone text messages between the managing director and another adult in a consensual sexual relationship were evidence of the managing director's tendency to use lewd language to and about women in the workplace – whether text messages were lewd and obscene and therefore suggestive of a lewd and obscene workplace culture – text messages irrelevant to the proceeding and inadmissible PRACTICE AND PROCEDURE – telephone containing text messages obtained irregularly – unnecessary to decide whether telephone was obtained improperly under s 138 of the Evidence Act
Legislation: Evidence Act 1995 (Cth) s 138 Fair Work Act 2009 ss 340(1) and 342(1)
Cases cited: Parker v Comptroller-General of Customs (2009) 252 ALR 619; [2009] HCA 7 Prince Albert v Strange (1849) 47 ER 1302 Robinson v Woolworths Ltd [2005] NSWCCA 426 R v Cornwell (2003) 57 NSWLR 82 Sullivan & Sullivan & GKR Karate Australia Pty Ltd v Sclanders & Goldwell International Pty Ltd (2000) 77 SASR 419; [2000] SASC 273
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