Victorian opposition leader John Pesutto has been served with a fresh defamation threat by ousted MP Moira Deeming, as the party faces a by-election headache.
Lawyers for Deeming, who was expelled from the parliamentary Liberal party this month for allegedly bringing discredit on the party, has issued a second defamation concerns notice to Pesutto.
The 16-page notice contains an itemised list of claims against Pesutto, including that he publicly accused her of being a Nazi sympathiser and threatened and bullied her with expulsion from the parliamentary party.
“Mr Pesutto’s accusations were false and seriously defamatory of Mrs Deeming personally and professionally and have caused serious harm to her reputation,” reads the notice, obtained by AAP.
“She is entitled to substantial damages as a result.
“Mrs Deeming is also entitled to aggravated damages based on Mr Pesutto’s conduct (set out below) which was lacking in good faith, improper and/or unjustifiable, and significantly increased the harm Mrs Deeming has suffered.”
Pesutto denies he ever accused her of being a Nazi or having Nazi sympathies.
Other sub-headed topics include Deeming’s attendance at the Let Women Speak rally, Pesutto’s initial failed motion to expel her, disputed meeting minutes and a recent statement from the United Nations special rapporteur on violence against women and girls.
The letter was written by Deeming’s defamation lawyer, Patrick George, and addressed to Peter Bartlett, a Melbourne partner at law firm Minter Ellison.
To resolve the dispute, George has asked Pesutto to publish a pre-written apology to Deeming on his website and all social media accounts for 14 days, along with paying her compensation and legal costs.
Pesutto’s office has been contacted for comment.
It comes after the Victorian Liberal leader was blindsided by the sudden retirement of veteran MP Ryan Smith, triggering a by-election.
The former Baillieu/Napthine government minister has been the member for Warrandyte in Melbourne’s north-east for 16 years and his last day will be 7 July.
“I have become increasingly uncomfortable with the growing negative tone of politics, both internally and more broadly,” Smith said in a statement on Wednesday.
Pesutto learned of Smith’s resignation when he read his statement, which did not mention the party’s leadership team in a long list of thanks.
He refrained from criticising Smith for exiting politics about six months after being re-elected for another four-year term, sparking the first state by-election since 2017.
Smith put his hand up to become party leader after the coalition’s election thumping last year before swinging his support behind Berwick MP Brad Battin, who lost to Pesutto by a single vote.
He was then not included in Pesutto’s shadow cabinet.
The Liberal party has been beset by internal ruptures between conservative and more moderate members since the November state election, most notably from the Deeming saga.
Opposition leader Peter Dutton flagged the prospect of federal intervention in the Victorian branch if it could not resolve its issues.
The Warrandyte poll could be held any time between early August and late September, after the coalition’s historic by-election loss in the nearby federal seat of Aston in April.
Mr Pesutto wants a woman to be considered for preselection, with 21 of the 30 Victorian Liberals’ MPs being men.
Federal Liberal vice president Caroline Inge is considering a run, along with former Kew MP Tim Smith after he didn’t recontest his inner-Melbourne seat following a drink-driving crash in 2021.
Labor’s previous Warrandyte candidate Naomi Oakley is waiting for Labor to decide whether it will contest the by-election before declaring her intentions.
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