Moria Deeming’s defamation claim against Victorian Liberal leader John Pesutto set to hit court

Lawyers for Moira Deeming say her defamation battle with John Pesutto will be decided in court, accusing the Victorian Liberal leader of rebuffing attempts to settle the matter.

The defamation case against John Pesutto looks certain to head to court with lawyers for Moira Deeming accusing him of refusing mediation.

Lawyers for Ms Deeming have now written to Liberal Party state director Stuart Smith putting him on notice that formal proceedings will now be filed.

They said lawyers for Mr Pesutto had made no contact with them since August 5.

“A mediation cannot proceed without agreement between the parties on the details of the mediation,” they said.

“Further, Mr Pesutto does not appear to be genuine in seeking to resolve the dispute.”

Deeming at controversial activist Kellie-Jay Keen at the infamous Let Women Speak rally

The Let Women Speak rally was gatecrashed by neo-Nazis led by Thomas Sewell. Picture: David Crosling

Lawyers for Ms Deeming said Mr Pesutto had refused her offers in three concerns notices and had not made any offer of amends in response.

“Our client considers he has missed the opportunity to mediate before proceedings are commenced.

“She will proceed to file without further notice.”

Sources close to the case said they expected formal court action to be filed “ASAP”.

It comes as voters head to the polls in the critical Warrandyte be-election on Saturday.

Senior Liberal figures say anything short of a resounding win by the party could raise fresh questions over Mr Pesutto’s leadership.

“If the primary (vote) drops, there will be issues,” one MP said.

Mr Pesutto moved to expel Mrs Deeming after she attended the March rally. Picture: Luis Enrique Ascui

The Liberal Party holds the seat with a 4.2 per cent margin.

But the strong vote is considered reflective of former long standing member Ryan Smith’s popularity within the electorate.

With no Labor candidate, the Liberal Party’s Nicole Werner, who ran in the seat of Box Hill at November’s general election, is considered likely to retain the seat.

Mr Pesutto moved to expel Mrs Deeming in March after she attended a Let Women Speak rally on the steps of Parliament House.

He later accused her of having links to Nazi sympathisers.

MS Deeming has denounced Nazism and denied any links to far-right extremists.

Court action could force the Opposition Leader and key Liberals to publicly testify about the initial decision to initiate expulsion proceedings against her.

Mrs Deeming has repeatedly called for Mr Pesutto to withdraw allegations of her Nazi links without reservation and “sincerely apologise” for “harm, hurt, and distress” caused to Mrs Deeming and her family.

Mr Pesutto has vehemently denied any wrongdoing and has insisted to colleagues the matter will settle out of court.