According to Gale, "... it also interested me that the lawsuit was dropped just before the senate inquiry into the sexualisation of children in the contemporary media environment." The Australia Institute’s accompanying media release to the study back in 2006 stated:
Children are increasingly being portrayed in clothing and posed in ways designed to draw attention to adult sexual features that they do not yet possess ... Children are being er-ticised in the interests of the corporate bottom line. It is particularly disturbing that this exploitation of young children appears to be becoming accepted as mainstream. Major retail chains such as David Jones and Myer have jumped on the bandwagon…David Jones was the only company to pursue legal action under the Trades Practices Act. In a statement of claim filed in the Federal Court, David Jones said it had suffered “loss or damage” as a result of the actions of the institute and Dr Hamilton. The statement said: “David Jones does not knowingly cause the publication of material which can be used by paedophiles for their s-xual gratification.” David Jones dropped the legal action in May 2008. Julie Gale of Kids Free 2B Kids lodged a request for all documents relating to advertising involving children by David Jones in the three months leading up to the Corporate Pedophilia report. On July 1st 2008 OCG provided Gale with 225 documents but withheld nine. Gale told Crikey she was "... surprised to learn that the OCG had made this decision after representations from lawyers acting on behalf of Saatchi & Saatchi -- the agency responsible for DJ's advertising campaigns." "The efforts made by Saatchi & Saatchi to prevent public access to certain documents intensified my curiosity," says Gale. "...so I made a request to see the nine documents." After an internal review -- this was refused. Gale then went to the NSW Ombudsman who redetermined that certain information be released to her. Kerry Boland of the OCG wrote to Gale on the 1st April:
Following a written suggestion from the NSW Ombudsman, I have redetermined your application and concluded that some phrases in those pages are not exempt under clauses 7(1)(b), 7(1)(c) or 13(a) of Schedule 1 in the FoI Act.