Repeat cross-examination of former Liberal staffer Brittany Higgins is one of the issues expected to be discussed in Senator Linda Reynolds' defamation cases against her and partner David Sharaz.
At a directions hearing for the case against Ms Higgins in West Australia's Supreme Court on Friday, Justice Marcus Solomon decided to hold a strategic conference on November 8 to discuss if both cases should proceed separately or be merged.
One factor is whether Ms Higgins, who faced days of questioning in the trial of the man accused of raping her, will be cross-examined once or twice in her former boss's defamation cases.
In a writ filed in August, Senator Reynolds accused Ms Higgins of posting defamatory material about the senator on her Instagram and X (formerly Twitter) accounts the previous month.
Senator Reynolds also claimed a breach of contract over the contents of the Instagram post, having agreed to a settlement with a "non-disparagement" clause.
Ms Higgins alleged she was raped in 2019 by Bruce Lehrmann inside the ministerial office of Senator Reynolds, for whom they both worked as staffers.
Mr Lehrmann consistently denied the allegation, and his trial in the ACT Supreme Court was derailed by juror misconduct.
Prosecutors decided not to pursue further action, citing concerns of the impact it may have on Ms Higgins' mental health.
Senator Reynolds is suing Mr Sharaz over tweets he made and a Facebook comment in 2022.
Among the defamatory imputations claimed against Mr Sharaz's tweets were that Senator Reynolds pressured Ms Higgins not to proceed with a genuine complaint to police, "is a hypocrite in her advocacy for women's interests and empowerment", interfered in Mr Lehrmann's trial and bullied Ms Higgins.
Senator Reynolds claims she was also defamed by Mr Sharaz's reply to a comment on her Facebook page that asked how she was still in politics having "destroyed" Ms Higgins.
The commenter added "You're a monster who deserves to be in jail".
Mr Sharaz responded "Thanks for reminding her. I hope she hears this every day until she dies", the senator's statement of claim says.
In August, Justice Solomon expressed his concern about the "human cost" of litigation and urged the parties in both cases to go to mediation.
The case against Mr Sharaz is already scheduled for a mediation conference on January 23. But it may become a mediation conference for both cases, depending on the outcome of November's court hearing.
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