Doubts remain over whether Senator Linda Reynolds' former chief of staff is competent to give evidence in her defamation trial, sparking debate over giving evidence to Brittany Higgins.
Reynolds is suing former staffer Higgins – who she denies – over a series of false social media posts that she says damaged her reputation.
Fiona Brown, former chief of staff to Reynolds, was expected to give evidence about what happened in the days after Ms Higgins was allegedly raped in the former defence secretary's suite in March 2019.
Brown's lawyers handed over her confidential psychiatric evaluation and medical report to the Perth court on Friday.
Higgins' lawyer, Rachel Young, said she did not want to inflict hardship on Mr Brown by summoning him to testify and would review the material.
“If the substance of that report is consistent with what I have said so far — and I will not say this publicly — then I will not oppose Mr. Brown's release,” she said Friday.
The parties were scheduled to argue Monday about what evidence Brown would accept in lieu of appearing in person.
This could include Brown's redacted affidavit and transcripts of cross-examination in the failed libel action brought by Bruce Lerman against Network Ten and journalist Lisa Wilkinson, as well as her testimony in the aborted criminal trial for rape.
Reynolds' lawyer, Martin Bennett, told the court witness call could be wrapped up on Wednesday and suggested Higgins take the stand immediately rather than waiting until next week when he is due to give evidence.
“It might at least help his evidence if Ms Higgins begins her examination in chief next week because that would give her the benefit of a weekend off from testifying before she begins her cross-examination,” he said on Friday.
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Judge Paul Tottle said logistical issues were likely to be taken into consideration.
Higgins is pregnant and lives in France.
Witnesses on Monday include doctor Antonio Di Dio and Liberal MP Jeremy Buxton.
Former Foreign Secretary Marise Payne and Senator Anne Ruston were due to be called on Tuesday.
