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November 07, 2018 19:35:48
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Senator Hanson-Young commenced legal proceedings against Senator Leyonhjelm in August. (ABC News)
Liberal Democrat David Leyonhjelm has lost his offer to reject the libel suit of Green Senator Sarah Hanson-Young.
Senator Hanson-Young filed a lawsuit against Senator Leyonhjelm in August, accusing him of attacking his character in a press release issued in June and during radio and television interviews. television in July.
She states that Senator Leyonhjelm hinted that she was a policewoman and a hypocrite and that he repeatedly accused her of falsely claiming that all men were rapists.
Last month, Senator Leyonhjelm's lawyer, Kurt Stoyle, asked the Federal Court to stay the proceedings, stating that the case constituted an abuse of process because his client could not defend himself without infringing to parliamentary privilege.
"The starting point and starting point is that the court can not rule on the application now before it without the parties being inevitably placed in breach of parliamentary privilege," Stoyle told the court. .
Senator Hanson-Young's lawyer, Sue Chrysanthou, told the court that parliamentary privilege would not be violated and that the claim was unfounded.
She stated that her client had never claimed that all men were rapists and Senator Leyonhjelm had not produced any evidence to support this allegation.
"A person does not have the right to leave Parliament and make a statement about what has been said and to try to defend defamation proceedings under the guise of parliamentary privilege," said Ms. Chrysanthou.
On Wednesday, Judge Richard White rejected the request to initiate the proceedings.
He also ordered Senator Leyonhjelm to cover Senator Hanson-Young's legal fees related to the denied application.
None of the two senators were present in Adelaide's hearing room for the decision and their lawyers appeared by video conference from Sydney and Brisbane.
Senator Leyonhjelm's counsel indicated that his client could appeal the decision.
The case returns to court on December 18 for a management hearing of the case.
Topics:
federal government,
courts and trials,
law-crime-and-justice
adelaide-5000,
her
Australia
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