Lawyers for Craig McLachlan will be able to look through phone records and documents that have passed between people making sexual harassment allegations against the him, after orders were made in the NSW Supreme Court.
The well-known Australian actor is suing the ABC, Fairfax Media and actress Christie Whelan Browne for defamation over articles that appeared in print and on screen in January 2018.
Mr McLachlan, 52, claimed reports he engaged in sexual misconduct, harassment, bullying, and indecent assault towards three actresses during a 2014 production of the Rocky Horror Show (RHS) are untrue and have damaged his reputation and mental health.
The actor's lawyers sent subpoenas to RHS actors Erika Heynatz, Angela Scundi and Tim Maddren, and RHS crew member Sophie Norfolk for phone records and other documents about sexual harassment allegations they have made about Mr McLachlan to support the defence case.
The subpoenas covered communications with each other, Ms Whelan Browne, police, senior RHS production staff, the actors' union, as well as journalist and #MeToo campaigner Tracey Spicer.
A person whose identity has been suppressed by the court was also sent a subpoena for their communications, as was Ms Spicer.
On Friday these subpoenas were challenged in the NSW Supreme Court by lawyers for the recipients, the media outlets, and Ms Whelan Browne.
Ms Heynatz and Ms Scundi both appeared in the original Fairfax and ABC stories but Mr Maddren, Ms Norfolk, and Ms Spicer were named in court regarding this case for the first time today.
The specific allegations they have made about Mr McLachlan were not discussed in court.
The court has not yet ruled on an application by various media outlets for access to the defence documents which detail their allegations.
Documents could provide 'evidence of malice'
Mr McLachlan's barrister, Matthew Richards, told the court some of the documents his team was seeking could provide "evidence of malice".
He said Ms Spicer appeared to have brought the complainants and the media outlets together prior to publication.
"This is a person who has boasted about her role in procuring and continuing and coordinating this investigation," Mr Richards said.
"She plainly has relevant documents."
Defence barrister for Ms Whelan Browne and the media outlets, Lyndelle Barnett, told the court the subpoenas were too broad, the date range too wide, and they had the potential to seek personal communication that had nothing to do with the case.
Defence barrister for the subpoena recipients, Monique Cowden, said the term 'sexual harassment' meant different things to different people, making it difficult for her clients to assess what documents would be relevant to the case.
"What constitutes sexual harassment is very much an issue of flux and what different people consider to be sexual harassment is highly contested," Ms Cowden told the court.
Justice Stephen Rothman said the subpoenas could be issued with some minor changes, adding he would give his reasons at a later date.
The case will go to trial in the NSW Supreme Court in February.
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