Doubts about the health of Reynolds' assistants may change Higgins' defamation testimony date | Defamation Law (Australia)

Doubts remain about the suitability of Senator Linda Reynolds' former top adviser to testify in a defamation trial, leading to discussions about the submission of Brittany Higgins' evidence.

Reynolds is suing her former employee Higgins – who is fighting the lawsuit – over a series of social media posts that contained alleged falsehoods and, in her opinion, damaged her reputation.

Reynolds' former chief of staff, Fiona Brown, was expected to give evidence of what happened in the days following the alleged rape of Higgins in the former defence minister's suite in March 2019.

Brown's lawyers hand-delivered her confidential psychiatric report and medical certificate to a Perth court on Friday.

Higgins' attorney, Rachael Young, said she did not want to harass Brown by subpoenaing him to testify and would review the material.

“If the tenor of that report is consistent with what has been described… which I will not describe publicly… then we will not oppose the release of Ms. Brown,” she said Friday.

The parties were scheduled to discuss on Monday what evidence Brown would allow in lieu of her personal appearance.

This could include Brown's redacted affidavit and transcript of cross-examination in Bruce Lehrmann's failed libel case against Network Ten and journalist Lisa Wilkinson, as well as her testimony in his aborted criminal trial for rape.

Reynolds' lawyer Martin Bennett told the court he could complete the witness calls on Wednesday and suggested Higgins take the stand soon after, rather than waiting until next week when she is due to give evidence.

“It might at least be helpful in the presentation of evidence if Higgins begins her evidence in the main next week because she would then have a break in the presentation of evidence over the weekend before she begins cross-examination,” he said on Friday.

Judge Paul Tottle said there were likely logistical issues to consider.

Higgins is pregnant and lives in France.

Monday's witnesses include doctor Antonio Di Dio and Liberal Party member Jeremy Buxton.

Former Foreign Minister Marise Payne and Senator Anne Ruston were due to appear on Tuesday.