The woman who launched a sex harassment claim against Cricket Tasmania after she allegedxjmtzywly received lewd texts has flagged she is willing to settle the matter privately.
Former employee Renee Ferguson allegedly received a dick pic in 2017 and also a slew of explicit texts but launched legal action in the Federal Court of Australia in November last year.
During a case management hearing on Thursday, the woman’s lawyer Greg Barns SC flagged they believed the matter was “capable” of mediation.
A mediator brings parties together in a private meeting where they discuss ways to reach an agreement.
But lawyer Bruce McTaggart SC for Cricket Australia said his client advised there was “no utility” in that course and opposed the woman’s bid for an extension of time application.
“It is a particularly weak case on the merits, a very extensive delay of three years and prejudice caused to Cricket Tasmania in that the employees named have moved on,” Mr McTaggart told the court.
After a brief pause in the hearing, Mr McTaggart said his client was prepared to go to mediation under certain conditions.
The document detailing the allegations and the employees named in them not were provided to the media.
It was previously reported the allegations were levelled against Mr Paine and his brother-in-law Shannon Tubb, a former cricketer, allegedly sent lewd texts to the woman.
“We’re both f–ked if this got out,” the woman texted to Paine, according to the Herald Sun.
Paine also allegedly sent an image of his penis with the caption “true, so f–ked” in reference to the messages becoming public.
He was also reported as sending a series of explicit messages, including: “I’m about to give something firm a pull, myself I think (wink emoji) Well I was going to anyway ha.”
Paine previously said the messages were consensual.
Paine played 35 Test matches for Australia and was considered the country’s best wicketkeeper.
In November he stepped down as captain and apologised to his teammates, saying he didn’t want to derail the team’s chances of winning the Ashes.
“I do not want this to become an unwelcome disruption to the team ahead of what is a huge Ashes series,” he said.
In the teary press conference he apologised to his family and others involved.
“I am deeply sorry for the hurt and pain that I have caused to my wife, my family and to the other party,” he said.
“I am sorry for any damage this does to the reputation of our sport and I believe it is the right decision to stand down as captain, effective immediately.”
Cricket Australia chairman Richard Freudenstein said at the time of the resignation: “Tim felt it was in the best interests of his family and Australian cricket to take this decision to step down as captain.”
Justice Mordy Bromberg ordered the parties to submit documents ahead of any potential mediation by the end of February and early March.
