In the first such case in Australia of the #MeToo era, Rush is
suing News's Corporation's Australian arm over a series of
articles saying he was the subject of a complaint to the Sydney
Theatre Company in relation to its 2015 production of King Lear.
Under the headline "KING LEER," and in later articles, Sydney's
Daily Telegraph newspaper said the Oscar-winning actor, who
played the starring role in the production, had been accused by
a co-star of unspecified inappropriate conduct.
"It was devastating," Rush, dressed in a navy suit, told the
Federal Court in Sydney, where the hearing began after several
months of pre-trial arguments.
"I felt as though someone had poured lead into my head, I went
into a kind of - this can't be happening - I was numb," he said,
adding he felt the stories implied he was a "major pervert" or
guilty of major depravity.
"It just didn't relate to the experience that I'd had doing the
production of Lear," he said.
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News Corporation is defending itself in the case, standing by
the stories.
The company's lawyers have yet to make their arguments in court.
Filed defense documents set out allegations Rush touched his
co-star on the lower back while waiting in the wings and made
groping gestures above her breasts during rehearsals.
None of that detail was published in the vague, original news
reports and Rush did not address it in his testimony, which
continues. His lawyer had earlier said he denied all such
behavior.
A spokeswoman for News Corporation in Australia declined to
comment.
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Rush's lawyer, Bruce McClintock, said the newspaper articles were
written by a journalist desperate to find an Australian angle on the
accusations leveled at U.S. film producer Harvey Weinstein, which
gave rise to the #MeToo movement.
Hundreds of women have since accused powerful men of sexual
harassment and abuse.
Rush won the Best Actor Oscar in 1997 for "Shine" and has since
appeared in the "Pirates of the Caribbean" movies.
Since the publication of the articles, he has seen his annual income
tumble from millions of dollars to thousands, McClintock said.
"This newspaper ... destroyed my client's reputation," McClintock
said. "We are talking a very substantial claim for loss of income."
Australian courts have previously imposed relatively modest caps on
defamation payouts, however Rush is seeking "special damages", a
type of payout that is not capped.
It is not clear how large a sum he could claim if he wins the case.
Actor Rebel Wilson was able to secure a record payment of A$4.56
million ($3.25 million) in an unrelated defamation lawsuit in
February, though that was overturned in June.
Rush has voluntarily stepped down as president of the Australian
Academy of Cinema and Television until the matter is resolved, while
Australian show business figures have come to his defense, including
fellow Australian actor Rachel Griffiths.
(Reporting by Tom Westbrook in SYDNEY; Editing by Robert Birsel)
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