Former top adviser to the senator is unlikely to testify in the trial

From Aaron Bunch in Perth

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.

Senator Reynolds is suing her former staffer Ms Higgins – who is fighting the suit – over a series of social media posts that contained alleged falsehoods and, in her view, damaged her reputation.

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

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

Ms Higgins' lawyer, Rachael Young, said she did not want to distress Ms Brown by summoning her to give evidence 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 will argue on Monday about what evidence will be accepted from Ms Brown in lieu of her personal appearance.

This could include Ms 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.

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

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

Judge Paul Tottle said there were likely logistical issues to consider and Ms Young said she would not entertain the suggestion.

Mrs 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 are due to appear on Tuesday.

Beaten or messed up, it's still dangerously wrong