Ex-Spotlight producer Taylor Auerbach’s lawyer Rebekah Giles has told the Federal Court that her client alleges he suffered “sustained bullying and anti Semitism over a significant period” at Network Seven.
Ms Giles made submissions in the Federal Court on Thursday at a return of the subpoenas hearing as Bruce Lehrmann’s legal team sought documents regarding Auerbach’s departure from Seven in August, 2023.
She said that Auerbach had alleged unlawful conduct by Seven during his employment that was resolved via a confidential deed.
“His claim alleges sustained bullying and anti-Semitism over a significant period. To comply with the subpoena our client would have to pull together, for the first time, all of the documents relating to his claim relating to (Mark) Llewellyn and (Steve) Jackson and others,” she said.
“And as you basically can see, from his affidavits, his claim alleges psychological injury.”
Mr Llewellyn is Spotlight’s executive producer and Jackson was a senior producer on the program.
Seven produces fresh documents
During a return of the subpoenas hearing this morning ahead of Auerbach giving evidence, Seven also revealed it had “a confined” number of documents that were not previously produced following further searches and the Auerbach affidavit.
Following claims in the Federal Court that Seven had destroyed or failed to produce documents, Justice Michael Lee re-listed the subpoenas this week with a deadline of 9.30am on Thursday.
“There is a confined number of additional documents produced,’’ Seven’s lawyer told the Federal Court.
Justice Lee then asked Seven why the documents were not produced previously.
“Now just so I clarify in my own mind, in respect to those additional documents that are produced in answer the subpoena that was previously called upon and was the subject of what was said to be an answer, is their proposed to be any explanation as to why it is that additional documents have been produced?”
Seven said further searches had been made with the benefit of the Auerbach affidavit.
“My current view would be, subject to anything that used to say, that I’d want an affidavit sworn by someone as to why additional documents have been produced,’’ Justice Lee said.
Explosive affidavit
An untested affidavit sworn by Auerbach, which contains his account of Mr Lehrmann’s dealings with the Seven Network as well as numerous attachments, runs to 2000 pages.
Justice Lee agreed to reopen the defamation case on Tuesday following an application from Network Ten based on “fresh evidence” from Auerbach.
Mr Lehrmann has expressly denied leaking to the Spotlight program.
It follows news.com.au revealing that Auerbach had spent thousands of dollars on a company credit card to book two Thai masseuses in the company of Mr Lehrmann and another man in multiple transactions of $1000.
The charges were made without the knowledge of consent of anyone at Seven and Auerbach later apologised and agreed to pay the money back personally.
Mr Lehrmann denies getting a massage.