John Pesutto unable to reach settlement in defamation action brought by Moira Deeming

Moira Deeming’s defamation case against Victorian opposition leader John Pesutto is all but certain to go to trial with the parties unable to reach a settlement, it can be revealed.

The defamation case between John Pesutto and Moira Deeming is now unable to be settled privately with a public trial a certainty, sources have revealed.

Witnesses involved with the case say they have been told to prepare for a trial to get underway in less than a month because there is now “no chance” of a settlement being reached.

The Opposition leader has settled two separate defamation cases — brought by activists Kellie Jay Keen and Angela Jones — but has been unable to reach a private settlement with Mrs Deeming.

In the Federal Court on Monday, lawyers for the parties argued over whether former Liberal MP Matt Bach should have to return to Melbourne to give evidence in person.

Moira Deeming is suing Victorian Liberal leader John Pesutto. Picture: Arsineh Houspian.

Dr Bach abruptly quit politics at the end of last year, surprising his colleagues, to return to a career in teaching with a position as assistant headmaster at the UK’s Brighton College.

Lawyers for Mr Pesutto said it would be both costly — citing business class airfares worth about $10,000 — and disruptive to his students to force his attendance.

However it was revealed that around the time of the trial, which gets underway on September 16, Mr Bach is due to fly to China for 10 days as part of a marketing exercise for his school.

Lawyers for Mrs Deeming argued it should be possible for Mr Bach to travel to Melbourne as a part of that trip, noting any inconvenience claimed couldn’t be severe given his existing travel commitments.

They also raised questions about the claimed disruption to Mr Bach’s students.

Justice David O’Callaghan appeared to agree saying: “he’s still being sent off to China to drum up business for 10 days, he can’t be that indispensable.”

Victorian opposition leader John Pesutto. Picture: Luis Enrique Ascui

Justice O’Callaghan has told the parties he prefers witnesses testifying in person to be able to better assess their credibility.

He has also raised concerns about the stability of technology required for Mr Bach to testify via video link from the UK.

The court heard Mr Bach wasn’t central to the defamation case, and that his evidence would likely take between an hour and up to half a day in court.

He was present at a meeting between the party’s leadership team and Mrs Deeming the day after she attended the now infamous Let Women Speak rally that will be central to the trial.

It was Mrs Deeming’s attendance at the event, which was gatecrashed by neo-Nazis, which ultimately led to moves to expel Mrs Deeming from the party because of claimed links to Nazis.

As part of his campaign to expel her Mr Pesutto compiled and distributed a 15-page dossier of evidence backing his case.

In it, he accused her of having Nazi links and “conducting activities in a manner likely to bring discredit on the parliament or the Parliamentary Party”.

It resulted in a 9-month ban from the party room.

She was later expelled from the party.

Trans rights activists target a Women will Speak rally in Melbourne in March. Picture: Tony Gough

The court heard there would be different versions of events about how the meeting unfolded which would be aired during the trial.

The Herald Sun has previously reported that one of the people in the meeting, Mr Pesutto’s former chief of staff Rod Pintos-Lopez, urged his boss not to make any hasty decisions in moving to expel Mrs Deeming from the party.

It is understood Mr Pintos-Lopez, who resigned in March after just a year in the job, advised Mr Pesutto not to act hastily, to spend the day gathering information, and to raise any plans with his Liberal Party colleagues first.

But Mr Pesutto issued a press release following the meeting announcing his plans to move a motion to expel Mrs Deeming, shortly after emailing colleagues his decision.

The pending trial is expected to pit key members of Mr Pesutto’s shadow cabinet against each other, with some testifying on behalf of Mrs Deeming.