Senator Hanson-Young claims the publications convey three defamatory imputations, including that she is a "hypocrite" in that she "claimed that all men are rapists but nevertheless had sexual relations with them" and had "made the absurd claim" during parliamentary debate that "all men are rapists". She has denied making that claim.
Senator Hanson-Young says Senator Leyonhjelm also defamed her by suggesting she is a "misandrist, in that she publicly claimed that all men are rapists".
She says aggravated damages should be awarded because Senator Leyonhjelm knew the claims were false and proceeded to publish them to a mass audience including her "child and family, in order to hold her up to public shame and disgrace".
His conduct was malicious and he continued to make the claims "for his own ... publicity and self-aggrandisement", persisting even when the comments were met with "widespread condemnation by prominent persons in the community and by the community generally".
The Greens Senator has opted to file the case in the Federal Court in Sydney, where her lawyers are based. Selecting the Federal Court rather than a state or territory-based Supreme Court has potential strategic advantages, including that the case is likely to be listed for hearing at an earlier date.
A jury – common in District and Supreme Court defamation proceedings – is also unlikely to hear the case in the Federal Court. Some litigants regard this as an advantage but a jury may work in a party’s favour, depending on the case.
In a statement, Senator Hanson-Young said: “The defamatory statements Senator Leyonhjelm made and continues to make are an attack on my character, and have done considerable harm to me and my family.
“I’m calling this out because it is wrong. No woman, whether she be working behind a bar, in an office or in the Parliament, deserves to be treated this way, and it needs to stop.”
In a statement, Senator Leyonhjelm said: "I confirm my lawyers received a statement of claim on August 1, sent on behalf of Senator Hanson-Young.