Legal action over video of alleged Kate Aston and Wayne Carey toilet tryst could cost Duck dearly

Any legal action by the woman filmed in an alleged Melbourne toilet tryst with Wayne Carey could prove costly for the ex footy star — whose past would be dredged up, a top lawyer says.

Kate Aston, the Melbourne executive filmed in an alleged toilet tryst video with Wayne Carey, re-emerged on social media on Friday to threaten legal action against more gossip mongering.

Ms Aston, 38, has consulted with lawyers about holding to account the women who circulated the video taken at Toorak Cellars in Armadale on Friday.

She was hitting back at a now suspended rogue account posting rumours about her.

Prominent Melbourne lawyer Justin Quill says pursuing a defamation case may prove costly for former footy star Carey whose past would need to resurface.

Carey and Ms Aston have both unleashed on the women who filmed them without their knowledge or consent.

Kate Aston has hit back at a now suspended rogue account posting rumours about her. Picture: Supplied

Quill, partner at major law firm, Thomson Geer said: “There’s nothing illegal or unlawful about the filming or publishing Carey and Ms Aston coming out of the bathrooms because it was in a semi public place. Of course, either could try a defamation claim. Carey’s history might cause him problems if he did that. And a defamation claim would likely involve delving into all the evidence about what actually took place in the bathrooms.”

Quill said they would have grounds if “it can be proven it was said about them — and that it was not true — then at least you’ve got an argument now that it might be defamation.”

Kate Aston (pictured) says she’s suffered mentally, physically and professionally. Picture: Supplied

Wayne Carey is seeking to hold to account the women who filmed the video. Picture: Supplied

After Ms Aston spoke out to the Herald Sun, relaying the mental, physical and professional toll, more claims have emerged that many at the trendy bar were curious about what was going on.

The video showed Ms Aston exiting the bathroom and Carey following about 20 seconds later. The women filming were heard gossiping that “she looks embarrassed” and “what’s he doing in there?”

Quill says legal action would likely involve delving into all the evidence about what actually took place in the bathrooms. Picture: Getty

Wayne Carey at the Western Bulldogs versus North Melbourne game at Marvel Stadium earlier this month. Picture: Mark Stewart

Drinkers at the venue have detailed their utter disbelief at the commotion in the toilets.

Carey and Ms Aston have both publicly outed themselves as the pair accused of the lewd conduct, taking aim at the “cyberbully cowards” and the “deliberate act of bullying”.

Both have denied anything untoward occurred inside.

But drinkers say at about 5pm the scenes were “unbelievable”.

Several people were milling around in the courtyard, just a few metres from the toilet block, one source said, adding they were “aghast”.

Kate Aston has outed herself as the woman in the video. Picture: Supplied

“It wasn’t subtle. It was guttural. And it went on for a while,” the source said.

“Loads of people went to have a closer listen because they couldn’t believe it.”

The source added that Carey and Ms Aston’s group had been drinking for several hours.

“They’d been there all day,” the source said.

The video was posted to an Instagram account with more than 40,000 followers on Saturday night and was rocketing around WhatsApp group chats on Sunday.