INSIGHTS

Jeremy Bartlett SC leading Fergus Chan was successful in discharging an Anonymity Order granted to the Claimant in a high profile sexual harassment case brought against a former partner in a major law firm (X v Stefano Mariani). The basis for discharge found by the Judge included serious material non- disclosure on the part of the Claimant. Indemnity costs were awarded in favour of the former partner. The decision dealt with, amongst other issues, whether anonymity orders should be granted on an ex parte bases only to the female complainant (rather than to both parties), whether anonymity orders provide any effective protection of identity in the age of internet and social media, and the weight to be attributed by the Court to psychiatric expert evidence, which can so easily be swayed by a subjective medical history provided by the patient. (DCEO 11/2023 30 April 2024)
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