David Leyonhjelm loses bid to have Sarah Hanson Young lawsuit thrown out

Sarah Hanson-Young has launched defamation action against her fellow senator over comments allegedly made in parliament.

Greens Senator Sarah Hanson-Young has launched defamation action against Liberal Democrat Senator David Leyonhjelm. Picture: AAP

Liberal Democrat Senator David Leyonhjelm has failed in his second bid to have a defamation action by Senator Sarah Hanson-Young thrown out by the Federal Court.

Senator Hanson-Young launched legal proceedings against Senator Leyonhjelm in August, accusing him of repeatedly falsely accusing her of being a hypocrite and a man hater who believed all men were rapists in media interviews in June and July.

Federal Court Anthony Besanko this morning dismissed an appeal by Senator Leyonhjelm’s legal team over his failed bid to have the defamation proceedings thrown out in November on the grounds he could not mount a defence without breaching parliamentary privilege.

Justice Besanko said Senator Leyonhjelm’s defence was that Senator Hanson-Young made claims during a parliamentary debate on June 28 which were “tantamount to claim all men are responsible for sexual assault or that all men are rapists”.

But he said one of the most “compelling” reasons to refuse the appeal was that it had yet to be determined what words were actually said during the parliamentary debate.

“I cannot see that any injustice, let alone substantial injustice, will be caused to the respondent (Senator Leyonhjelm) if leave to appeal is refused,” Justice Besanko said in his judgment.

Today’s judgment is just the latest blow for Senator Leyonhjelm.

At a case management meeting in December his lawyer Leon Bertrand asked for more time to file supporting documents to the court as his client was struggling to get critical affidavits from his parliamentary colleagues.

He said South Australian Senator Stirling Griff was present in the Senate when Senator Hanson-Young made the alleged comments about men being rapists.

“My client is the only member of his own party in the federal parliament, and as such it is a little bit more difficult for him to obtain affidavits from some of his Senate colleagues,” Mr Bertrand told the court.

Senator Griff later issued a statement he had no intention of providing an affidavit for Senator Leyonhjelm’s defence: “I indicated I was not inclined to do so, as I heard both Senators — and others — firing off at each other but could not be certain of the words used on the day in question,” he said.

Senator Hanson-Young has denied ever saying all men were rapists and repeatedly challenged Senator Leyonhjelm to produce any evidence to support that allegation.

The defamation proceedings are due to begin on April 17