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ABC News
ABC News
Politics
By Candice Prosser

Greens senator may be cross-examined on sexual history in defamation trial

Sarah Hanson-Young claims David Leyonhjelm suggested she was a misandrist and a hypocrite.

South Australian Greens senator Sarah Hanson-Young might be cross-examined about her sexual history during a defamation trial against former senator David Leyonhjelm in the weeks leading up to the federal election.

Senator Hanson-Young launched legal proceedings against the Liberal Democrat senator last year, accusing him of attacking her character in a media statement and subsequent interviews.

She claims Mr Leyonhjelm suggested she was a misandrist and a hypocrite and that he repeatedly falsely accused her of claiming that all men were rapists.

He denies defaming her.

The Federal Court trial is scheduled to run from April 29 to May 3.

The court has previously heard Mr Leyonhjelm intended to rely on the defence of truth.

Senator Hanson-Young has been preselected as the leading Greens Senate candidate in South Australia for the upcoming federal election, expected to be held in May.

David Leyonhjelm quit the Senate last month to stand as a Liberal Democrat candidate in the NSW election.

In a pre-trial hearing on Tuesday, Justice Richard White asked whether both Senator Hanson-Young or Mr Leyonhjelm would be called to give evidence during the trial, and both lawyers confirmed they expected their clients to testify.

Justice White said a line of questioning during cross-examination could be the subject of Senator Hanson-Young's sexual history.

The comment was made in the context of an application by Mr Leyonhjelm's legal team for further information from Senator Hanson-Young about various matters.

Subpoenas sought for other senators

Mr Leyonhjelm's lawyer Tony Morris QC asked the court to subpoena senators Stirling Griff and Derryn Hinch.

Justice White asked what "material assistance" that would provide to the case and Mr Leyonhjelm's defence.

Mr Morris QC said there were two aspects, but he could not "go into" one of them because it related to text messages "in which the participants, Senator Griff and Senator Leyonhjelm, agreed to keep matters they discussed as being off the record".

Senator Hanson-Young's lawyer Sue Chrysanthou objected to the application and said there was no explanation for the delay in bringing it.

She said her team had proceeded with its preparations on the basis that only Mr Leyonhjelm himself would be called in his defence.

In December, another of Mr Leyonhjelm's lawyers said he had found it difficult to obtain affidavits from his Senate colleagues.

'Absurd' and 'highly oppressive' requests from Leyonhjelm's legal team

Ms Chrysanthou also told the court that Mr Leyonhjelm's legal team had made "absurd" and "highly oppressive" requests for information ahead of the trial.

She objected to applications from Mr Leyonhjelm's lawyers for information about Senator Hanson-Young and her party's political views on various topics ranging from racial discrimination, welfare, government expenditure and the free market.

"In addition to being not relevant, it's highly oppressive," Ms Chrysanthou told the court.

She also told the court the request for her team to provide information on any "hostile" emails and telephone calls Senator Hanson-Young had received was "ridiculous".

"It's ridiculously oppressive, Your Honour, we can't even imagine how she would start that inquiry," Ms Chrysanthou said.

Justice White reserved his decision on all interim applications.

The next pre-trial hearing is scheduled for April 17.

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