Robinson v Goodman [2013] FCA 893

Robinson v Goodman [2013] FCA 893

Some proposed evidence from Ms Adamopoulos and Ms Tongue was admissible because it was relevant to whether Mr Goodman's alleged conduct towards Ms Robinson was conduct of a sexual nature, revealed a propensity to act or speak in particular ways towards female employees, and had significant probative value under s 97. The admitted items concerned sufficiently similar or specific matters such as the Bonnie shoot, alleged inappropriate touching, husband/wife pretence shopping trips, the Madam Lash comment, body comments in fit contexts, breast-related comments, and alleged sexualised touching during fit sessions. The remaining proposed evidence was inadmissible because it was too old,...

Jurisdiction
Australia
Judgment Date
02 September 2013
Procedural Posture
Civil Proceeding Alleging Sexual Harassment Contrary to the Sex Discrimination Act 1984 (cth) / Interlocutory Application to Adduce Tendency Evidence
Outcome
Application allowed in part.
Legal Topics
['tendency Evidence' 'significant Probative Value' 'relevance' 'general Discretion to Exclude Evidence' 'sexual Harassment']
['evidence' 'sex Discrimination'] ['tendency Evidence' 'significant Probative Value' 'relevance' 'general Discretion to Exclude Evidence' 'sexual Harassment']

Case Brief

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Procedural Posture

Civil Proceeding Alleging Sexual Harassment Contrary to the Sex Discrimination Act 1984 (cth) / Interlocutory Application to Adduce Tendency Evidence

Legal Issues

  1. 1 ['Whether proposed evidence from Ms Rachael Adamopoulos and Ms Hannah Tongue was relevant to facts in issue in the proceeding.' 'Whether the proposed tendency evidence was admissible under s 97 of the Evidence Act 1995 (Cth) because it had significant probative value.' 'Whether otherwise admissible tendency evidence should be excluded under s 135 of the Evidence Act 1995 (Cth) as unfairly prejudicial or an undue waste of time.']

Ratio Decidendi

Some proposed evidence from Ms Adamopoulos and Ms Tongue was admissible because it was relevant to whether Mr Goodman's alleged conduct towards Ms Robinson was conduct of a sexual nature, revealed a propensity to act or speak in particular ways towards female employees, and had significant probative value under s 97. The admitted items concerned sufficiently similar or specific matters such as the Bonnie shoot, alleged inappropriate touching, husband/wife pretence shopping trips, the Madam Lash comment, body comments in fit contexts, breast-related comments, and alleged sexualised touching during fit sessions. The remaining proposed evidence was inadmissible because it was too old,...

Court Disposition

Application allowed in part.

Orders

  • ['Items 17, 20, 21, 22, 23, 26, 30 and 35 of the amended Notice to Adduce Tendency Evidence served by the applicant, in respect of the evidence of Ms Rachael Adamopoulos, are admissible under s 97 of the Evidence Act 1995 (Cth).' 'Item 39 of the amended Notice to Adduce Tendency Evidence served by the applicant, in...