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"Performance, Credibility and #MeToo Testimony in Rush v Nationwide New" by Sarah Ailwood

Rush v Nationwide News, a defamation case between Geoffrey Rush and the publishers of the Daily Telegraph, has been credited with exerting a ‘chilling effect’ on the #MeToo moment in Australia. The case presents an opportunity to explore both the influence of the #MeToo moment on testimony and how such testimony is received, interpreted and evaluated through legal institutions and the processes of justice. Through a close textual reading of court transcripts, media reporting and the judgment of Justice Michael Wigney, this article traces connections between the #MeToo moment, the testimony of the alleged victim-survivor, Eryn Jean Norvill and its circulation and reception within and beyond the courtroom. Taking a law and performance theoretical framework, I argue that both chief protagonists engaged in a performative approach to narrative self-construction in the adversarial courtroom–Rush as a theatrical genius, and Norvill as a #MeToo advocate–that profoundly influenced Justi ....

Justice Michael Wigney , Justice Wigney , Geoffrey Rush , Eryn Jean Norvill , Nationwide News , Daily Telegraph , Feminist Jurisprudence , Sexual Harassment ,

"Beyond Women's Voices: Towards a Victim-Survivor-Centred Theory of Lis" by Sarah Ailwood, Rachel Loney-Howes et al.

Australia is witnessing a political, social and cultural renaissance of public debate regarding violence against women, particularly in relation to domestic and family violence (DFV), sexual assault and sexual harassment. Women's voices calling for law reform are central to that renaissance, as they have been to feminist law reform dating back to nineteenth-century campaigns for property and suffrage rights. Although feminist research has explored women’s voices, speaking out and storytelling to highlight the exclusions and limitations of the legal and criminal justice systems in responding to women’s experience, less attention has been paid to how women's voices are elicited, received and listened to, and the forms of response they have received. We argue that three recent public inquiries in Australia reveal an urgent need for a victim-survivor-centred theory of listening to women’s voices in law reform seeking to address violence against women. We offer a nascent the ....

Feminist Activism , Feminist Jurisprudence , Law Reform , Violence Against Women ,