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Ben Wyatt’s former adviser Steve Kaless launches dismissal lawsuit

A former media adviser to West Australian Treasurer Ben Wyatt has launched legal proceedings against the WA government over his dismissal.

Western Australia Treasurer Ben Wyatt’s former adviser Steve Kaless with his wife Tam Lindsey. Picture: Colin Murty
Western Australia Treasurer Ben Wyatt’s former adviser Steve Kaless with his wife Tam Lindsey. Picture: Colin Murty

A former media adviser to West Australian Treasurer Ben Wyatt has launched legal proceedings against the WA government over his dismissal.

Steve Kaless is taking action over what he has said was his “forced” resignation following accusations he had indecently assaulted a colleague at a bar following a Christmas party for Mr Wyatt’s staff last year.

Western Australia treasurer Ben Wyatt. Picture: Matthew Poon / News Corp Australia
Western Australia treasurer Ben Wyatt. Picture: Matthew Poon / News Corp Australia

He was acquitted of the charge after footage showed that he had not placed his hand up the woman’s dress and into her underpants as alleged.

Mr Kaless’s lawyers have served a statement of summons with the government seeking documents and records relating to the circumstances around his dismissal. The timing of the legal action comes less than two weeks ahead of a deadline for the launch of defamation proceedings in relation to the episode.

The incident allegedly occurred on Friday, December 13, last year at the Ritz-Carlton’s Hearth bar, after Kaless and his colleagues had enjoyed a long boozy lunch at a West Perth restaurant. Mr Kaless was called into a meeting the next Monday morning at which he said he was given no choice but to resign from the role.

By the Tuesday, Mark McGowan had described the alleged incident as “unacceptable and inappropriate”, despite the complaint still being the subject of investigation at the time.

“The advice I have is as it has been reported that it was some inappropriate conduct involving some unwelcome physical contact and that obviously meant that Mr Kaless had to make a decision to resign,” the West Australian Premier said at the time.

Western Australian Premier Mark McGowan had described the alleged incident as “unacceptable and inappropriate”, despite the complaint still being the subject of investigation at the time. Picture: Getty Images
Western Australian Premier Mark McGowan had described the alleged incident as “unacceptable and inappropriate”, despite the complaint still being the subject of investigation at the time. Picture: Getty Images

Mr Kaless’s allegedly forced resignation stands in contrast to typical practice when government employees are subject to criminal matters.

Disgraced former Housing Department chief Paul Whyte was still formally employed at the time he pleaded guilty to stealing more than $22m of taxpayers’ money this year. And a long-time senior adviser to WA transport ministers has been suspended with pay while he waits to face charges of luring a 13-year-old boy to his home and sexually assaulting him.

Mr Kaless flagged after his August acquittal that he would pursue a case of wrongful dismissal. He has been unable to secure work since. Earlier this year he told The Australian that his life had not returned to normal in the months since the trial.

“The mental toll has actually been worse after the trial than it was beforehand,” he said. “You get through it, you have the win, and it passes in a nanosecond. And then you are cut adrift. I need to pick up the pieces and the financial hole gets deeper.

A spokeswoman for the Premier declined to comment.

A defamation action from Mr Kaless would not be the first faced by Mr McGowan. Queensland billionaire Clive Palmer has launched defamation proceedings against the Premier over Mr McGowan’s criticisms of Mr Palmer and his legal challenges against WA. Mr McGowan has launched a defamation counterclaim against the magnate.

Paul Garvey
Paul GarveySenior Reporter

Paul Garvey has been a reporter in Perth and Hong Kong for more than 14 years. He has been a mining and oil and gas reporter for the Australian Financial Review, as well as an editor of the paper's Street Talk section. He joined The Australian in 2012. His joint investigation of Clive Palmer's business interests with colleagues Hedley Thomas and Sarah Elks earned two Walkley nominations.

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Original URL: https://www.theaustralian.com.au/nation/politics/ben-wyatts-former-adviser-steve-kaless-launches-dismissal-lawsuit/news-story/2363a6caaf6f8476d331258f7be12be6