DJs harassment suit ends out of court

By Jane Lee and Edmund Tadros

Ex-DJs boss Mark McInnes and former publicist Kristy Fraser-Kirk have reached an out of court settlement.

ONE of Australia’s most high-profile sexual harassment cases is over, with the key parties all confirming that a settlement has been reached in Kristy Fraser-Kirk’s $37 lawsuit against David Jones and its ex-CEO.

David Jones said they settled the case with Ms Fraser-Kirk for $850,000.

“David Jones Limited today announced that a settlement has been reached with Ms Kristy Fraser-Kirk in relation to proceedings in the Federal Court and her complaint in the Australian Human Rights Commission,” the company said in a statement this morning.

“The settlement amount is $850,000 inclusive of all legal and other costs and expenses comprising a contribution from David Jones and a smaller contribution from Mark McInnes.”

In August, the 27-year-old Ms Fraser-Kirk, launched a $37 million lawsuit against Mr McInnes, David Jones and nine directors alleging sexual harassment. She also launched a separate complaint at the Australian Human Rights Commission.

In a statement this morning, 27-year-old Ms Fraser-Kirk, thanked her supporters during what she called “a difficult journey”.

“I could not have done this without the support and guidance from those in my life that matter most, to my partner, parents, family and friends, thank you and to my unwavering legal team, a special thanks. Also, to those members of the public who have supported me, thank you,” she said in the statement.

“This has been a difficult journey but one that I felt was important.

“The case has lead to real debate taking place which I am confident will lead to change. That is part of what the punitive damages claim was intended to achieve, and it has.

“I had asked the Court to award punitive damages, which was to go to charity, but as the Court will no longer be determining the case that’s no longer possible. I look forward, however, to participating in charitable work in the future.

“Thank you again for all your support. As the settlement is subject to confidentiality, I am not in a position to say anymore.”

Mr McInnes also released a statement, saying he wanted to focus upon the future.

“I welcome today’s settlement. It brings to an end a difficult time in many peoples’ lives and hopefully it marks the moment that everyone can begin focusing on the future,” he said in the statement.

“I have repeatedly said that the vast majority of the allegations are simply untrue and the nature of the court proceedings was an abuse of legal process.

“Personally I am looking forward to a new chapter in my family life and a resumption of my career in 2011. I would particularly like to thank my partner Lisa, my family and many friends for all their love and support.

“The settlement contains confidentiality obligations so I will not be making any further comment on these matters.”