Federal Court Allows Decade-Old Harassment Claim Against Former NT Supreme Court Judge to Move Forward
A former Northern Territory Supreme Court judge's attempt to dismiss a sexual-harassment complaint as too old was rejected by the Federal Court, allowing the case to return to the anti-discrimination commission.
A former Northern Territory Supreme Court judge, referred to as RST, sought to have a sexual-harassment complaint thrown out on the basis that it was filed beyond the usual 12-month limit. The Federal Court, presided over by Justice Mark Moshinsky, rejected that argument, finding none of RST's grounds were valid and suggesting the judge should pay the complainant's costs. The complaint, lodged by a former court associate, alleges the judge made lewd comments about her appearance, inquired about her interest in massages, and proposed sharing a bed to save money more than a decade ago.
The NT Anti-Discrimination Commission had already decided to hear the case, citing factors such as the seriousness of the allegations and the need for judicial accountability. The case now returns to the commission for mediation, and if unresolved, may be escalated to the NT Civil and Administrative Tribunal. Both parties' identities remain protected by a court-ordered anonymity order that may be revisited by the commission.
Why it matters
It sets a precedent that historic harassment claims against judges can proceed despite statutory time limits.
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