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Mr Pesutto elected as Leader of the Victorian Liberal Party

46 On 8 December 2022, there was a party room meeting to vote for the leadership of the Victorian Parliamentary Liberal Party, and Mr Pesutto was elected.

47 After the meeting, Mrs Deeming texted Mr Pesutto, saying, "Congratulations on the win! I'm looking forward to working with you :)". Mr Pesutto responded, "Likewise Moira. You'll be great in Parliament. I'll touch base to organise a time when we can catch up as we discussed over coffee. I hope you enjoyed today. Cheers, JP".

Mrs Deeming elected as Whip

48 After he was elected Leader, Mr Pesutto suggested that Mrs Deeming apply for the position of Liberal Party Whip in the Legislative Council (CB:2, 62[16]). Under the party's constitution, the role of Whip is filled by election, by a vote of members of the party who are Members of the Legislative Council.

49 Mr Pesutto testified that he supported her candidacy and that in doing so he was, as he agreed in cross-examination, expressing to the Parliamentary Party that he was "happy to be associated with Mrs Deeming" (Transcript (T) 650.4–8).

50 At a meeting in late December 2022, either Mr Pesutto or Ms Crozier (it is unclear who) nominated Mrs Deeming for the position of Whip. She was unanimously elected.

Mrs Deeming learns of LWS rally

51 In late 2022, Mrs Deeming learned that Ms Keen and SFW would be embarking on an international "Let Women Speak" tour, and that a rally would be hosted in Melbourne on 18 March 2023 (CB:2, 69[40]). Mrs Deeming gave evidence that her "understanding at the time was that SFW was an organisation run by Ms Keen which advocates for the preservation and/or reinstatement of reasonable biological sex-based rights (such as female only bathrooms and changerooms) as well as against the irreversible and harmful medical transitioning practises used on gender non-conforming, autistic and gay minors"; that "the organisation and its goals were mainstream and global, and supported by high profile members of every mainstream political party in the world"; and that SFW coming to Australia "was an opportunity to shine light on these issues" about which she (Mrs Deeming) was passionate.


Deeming v Pesutto (No 3) [2024] FCA 1430
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