Cricket Tasmania could call Paine to give evidence in sexting scandal saga

Disgraced ex-Test captain Tim Paine could be called to give evidence in court after Cricket Australia failed to reach a settlement over the sexting scandal.

Tim Paine could be called to give evidence in court after Cricket Tasmania failed to reach a settlement over the sexting scandal. Picture: Getty

Former Australian Test cricket captain Tim Paine could be called to give evidence in court over the sexting scandal that saw him step away indefinitely from the sport.

The star wicketkeeper batsman is accused of sending lewd messages, including a dick pic, to former Cricket Tasmania receptionist Renee Ferguson.

The allegations were exposed by the Herald Sun last year, and led to Paine standing down as captain.

At the same time, Ms Ferguson launched a sexual harassment claim against Cricket Tasmania, naming Paine among four of its staff who subjected her to inappropriate sexual conduct while she worked there between 2015 and 2017.

The claim returned to the Federal Court on Wednesday to see how it would proceed after Ms Ferguson and Cricket Tasmania failed to reach a behind closed doors settlement in mediation earlier this month.

Tim Paine stepped down as Australian Test captain in the wake of the sexting scandal. Picture: Chris Kidd

The court heard Cricket Tasmania would consider calling Paine to give evidence if the matter went to trial.

Bruce McTaggart, SC, for Cricket Tasmania, said they would also “possibly” call the three other accused men: Paine’s brother-in-law Shannon Tubb, who was Cricket Tasmania’s high-performance coach at the time; then venue operations general manager Stephen McMullen and then museum and membership services manager Jon Adams.

Paine’s brother-in-law Shannon Tubb could also be called to give evidence.

Other staff who Ms Ferguson claims she reported the harassment to but nothing was done could also be called, Mr McTaggart said.

“There’s also complex medical questions relating to causation of the alleged psychological consequences of the alleged harassment as well,” he said.

The revelations led Justice Mordy Bromberg to remark: “It sounds like a big and expensive trial.”

Ms Ferguson, 47, wants to proceed to trial immediately, but the court heard she had failed to lodge her application, seeking $1m in compensation, within the statute of limitations.

A hearing has been slated for May 20 for her to apply for an extension of time.

Cricket Tasmania opposes her application and argues some of her claims were outside of the Federal Court’s jurisdiction.

The sporting body has repeatedly defended the allegations as being “consensual” and not sexual harassment in the workplace.

In court documents, it says the first it knew of any complaints by Ms Ferguson was on May 23, 2018 — 16 days after Tasmania Police charged her with 63 counts of stealing $16,466 from Cricket Tasmania while she was employed there.

In her claim, Ms Ferguson says she was “deeply offended” and suicidal after being bombarded with explicit messages.

She said she has been mentally impacted by the ­“relentless and systemic” sexual harassment and is now unable to work or care for her children.

If Justice Bromberg determines her case is “not hopeless” and grants her application for an extension of time, it will proceed to trial.