Hearing set for outspoken senator’s restraint order case
THE QUEST by an ex-staffer of Tasmanian Senator Jacqui Lambie to have a restraint order placed on her former boss has finally progressed with the matter listed for hearing in December.
In June, Senator Lambie's lawyer described the restraint order application as a "public circus" that should be thrown out of court.
Glynn Williams then filed an application for the restraint order application to be ruled an abuse of process because it was without merit and proper evidence to back it up.
In the Burnie Magistrate's Court on Wednesday, Magistrate Tamara Jago said her court did not have the power to rule the application an abuse of process and she was loathe to adjourn the case sine die because the applicant could simply re-file.
"It is obvious there is angst within this matter and that would be likely outcome," Magistrate Jago said.
"This process needs to be concluded. The matter must be listed for hearing and determined on its merits."
She then warned Mrs Messenger to be ready to proceed on December 4 including having medical evidence from her psychiatrist.
"It is not my role to give you legal advice. At the moment, based on the material before the court there is a lot of work you need to do."
"If you want a psychiatrist to provide evidence in person it must be admissible. You need to file an affidavit and have them available to be cross examined."
Mr Williams then told the court his client would be applying for costs if Mrs Messenger was not prepared and the hearing did not go ahead on in the event of her application for a restraint order being unsuccessful.
Mrs Messenger told Magistrate Jago she had severe mental health injuries and would need to take valium when she got home to deal with the stress from her court appearance.
The court was told by Mr Williams it was expected there would be "wholesale opposition" from witnesses summonsed to give evidence.
Tasmania Police, through a police prosecutor on the telephone line from Hobart, also indicated there would be objections against any call for officers to give evidence in the hearing.
Mrs Messenger and her husband Rob left the Burnie-based Senator's employ in 2017.
The couple have also filed an unfair dismissal claim and that case is set to get underway in September.
Originally published as Hearing date set for Senator's restraint order case