Ex-Australian cricket captain could be called to give evidence in sexual harassment trial
Juan J. Monroe 
Judge Bromberg asked how many witnesses could be called if the case went to trial. Bruce McTaggart, SC, for Cricket Tasmania, replied: “Perhaps all the people named in the application, which will be four people who have allegedly been harassed, as well as various people she [Ms Ferguson] reported to.
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Mr McTaggart said evidence from medical experts – both those who treated Ms Ferguson and experts called in by her former employer – could also feature in a trial.
No trial date has been set. Judge Bromberg ordered the parties to return to court in May for a hearing that could determine whether the case should proceed to a contested hearing.
However, at one point the judge noted that it “looked like a big and expensive trial.”
Judge Bromberg ordered the lawyers to file more documents before the next hearing, including the full correspondence between Ms. Ferguson and Mr. Paine, and her and Mr. Tubb.
Mr McKenney said some messages allegedly sent by Mr Tubb may not be able to be retrieved because they were sent on Snapchat and disappeared once viewed by the recipient.
Tim Paine in his Tasmanian training gear.Credit:Getty
Cricket Tasmania has filed documents with the Federal Court, but they have not been seen by age.
Mr Paine resigned in tears as captain of the Australian Test team in November when he learned details of the text messages were to become public.
It later emerged he was cleared in 2018 after an investigation by Cricket Australia.
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Court documents say Mr Paine sent the text messages on the morning of November 23, 2017 – in the hours before he took part in an Ashes Test match – when he was a member of the Australian squad, but not captain.
Ms Ferguson said in court papers she was told in December 2017 that she would be suspended by Cricket Tasmania while the organization investigated the missing money.
She has since been charged with theft and her criminal case is in Hobart Magistrates Court. She denies the allegations.
Ms Ferguson said she resigned from Cricket Tasmania shortly after her suspension. Since then, she said her mental health had declined, she had become socially isolated and a psychologist had assessed her as being at risk of suicide.
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