ABSTRACT Rush v Nationwide News, a defamation case between Geoffrey Rush and the publishers of the Daily Telegraph, has been credited with exerting a ‘chilling effect’ on the #MeToo moment in Australia. The case presents an opportunity to explore both the influence of the #MeToo moment on testimony and how such testimony is received, interpreted and evaluated through legal institutions and the processes of justice. Through a close textual reading of court transcripts, media reporting and the judgment of Justice Michael Wigney, this article traces connections between the #MeToo moment, the testimony of the alleged victim-survivor, Eryn Jean Norvill and its circulation and reception within and beyond the courtroom. Taking a law and performance theoretical framework, I argue that both chief protagonists engaged in a performative approach to narrative self-construction in the adversarial courtroom – Rush as a theatrical genius, and Norvill as a #MeToo advocate – that profoundly influenced Justice Wigney's assessment of their credibility as witnesses, providing a platform for the judicial destruction of Norvill's credibility and denying her the truth of her own experience as a victim-witness of workplace sexual harassment. Indeed, the highly performative nature of this case and its connection to the assessment of witness credibility exposes the influence of a range of sexual harassment myths within Justice Wigney's judgment. In this way, Rush v Nationwide News starkly exposes the ongoing epistemic priority of masculine normativity within adversarial justice, veiled within the cloak of neutrality, objectivity and reason that frames the assessment of witness credibility.
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