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Fraser-Kirk loses confidentiality bid

A David Jones publicist has lost her bid to keep confidential the names of other women she wants to call as witnesses in her $37 million sexual harassment case.

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Source: AAP


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In dismissing the application by Kristy Fraser-Kirk on Wednesday, Justice Geoffrey Flick referred to the importance of the principles of open justice.

Ms Fraser-Kirk is suing David Jones, nine directors of the store and its former chief executive Mark McInnes in Australia's biggest sexual harassment case.

She claims Mr McInnes made unwelcome sexual advances to her and says the retailer tolerated his continuing sexual misconduct.

Her lawyers have obtained statements from seven unnamed women - five of whom allege they were harassed by Mr McInnes while working with him at David Jones and two who claim they were harassed while working with him at Black and Decker.

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Justice Flick dismissed her application for certain confidentiality undertakings to be put into place in relation to the women.

He ordered that their particulars be provided to the defendants by midday on October 13.

If they are not supplied by then, the references to them are to be struck out of Ms Fraser-Kirk's claim.

He also set the case down for hearing on December 20.

"The hearing will continue during such days as are available between Christmas and the New Year and will further resume at the outset of January 2011," he ordered.

The judge referred to medical evidence he had received about difficulties being experienced by Ms Fraser-Kirk, who is said to have developed an "adjustment disorder" due to the intense publicity about the case.

He said this "only reinforces a conclusion previously reached that it is in the interests of all parties to have the present proceeding heard and resolved as quickly as possible".


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