Adele Carles is under an obligation not to release a document which will outline her former partner and Treasurer Troy Buswell's defamation case against her and the Fremantle MP could be exposed to contempt action if she breaches the duty, a Supreme Court judge ruled this morning.
Rejecting Mr Buswell's application for a confidentiality order restraining Ms Carles from releasing his statement of claim or its contents, Justice Rene Le Miere said found the order was unnecessary.
Justice Le Miere said Ms Carles was under a "substantive obligation" not to use the document for purposes unrelated to the defamation proceedings.
"Whatever maybe the limits of the obligation, it is clear that disclosure of the contents of the statement of claim to the press is a breach of the obligation," Justice Le Miere said.
"A breach of the obligation may be enforced by proceedings for contempt."
Justice Le Miere said the confidentiality order was further unnecessary because Ms Carles, who opposed the application, had undertaken through her lawyer that she would not disclose the information in the document if the court provided guidance she was under an obligation not to do so.
Mr Buswell launched the Supreme Court action against Ms Carles on December 10.
He alleges that Ms Carles defamed him across a range of media outlets in December by making comments about his state of mind, drinking and behaviour at the home of wealthy Perth businessman Nigel Satterley at a party more than a year ago.
Mr Buswell denies the allegations made by Ms Carles.
He has also expanded his case to include material published by Ms Carles at a press conference on December 16 and in a media statement on January 23.The case will not return to court again until some time after March 21.