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ARTICLE · 05 JULY 2019

Why Wendy Dents defamation loss is a win for #metoo

Wendy Dent's defamation claim against Don Burke failed, but the decision leaves the door open for more claims like this.

AustraliaLitigation, Mediation & Arbitration

One of the most chilling aspects of the #metoo movement is a survivor's exposure to defamation claims if they choose to share their story in public. Wendy Dent choose to share her story about Don Burke asking her to audition topless. He denied the allegations of sexual misconduct during an interview on "A Current Affair", labelling them a 'witch hunt'.

Now, in other cases, this might be the point where Don Burke would sue in defamation (a la Craig MacLachlan.) But he didn't. Instead, Wendy Dent sued him for defamation, essentially for calling her a liar and saying that she fabricated her story as part of the so-called 'witch hunt'.

This turns the problems with #metoo and defamations actions on their head. In Craig MacLachlan's case, and even Geoffrey Rush's case, the (alleged) survivors ended up being the ones on trial, having to prove the truth of their experience. In this case though, Don Burke would have had to prove the truth of his denials.

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