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Craig McLachlan in character on the ABC's The Doctor Blake Mysteries.Credit:Jessica Dale

On Wednesday,McLachlan's lawyers asked NSW Supreme Court judge Lucy McCallum to allow a question to be put to Whelan Browne about the name and address of her therapist,so they could issue a subpoena seeking access to the therapist's notes recording any contemporaneous complaints about McLachlan's alleged conduct.

Barrister Matthew Richardson,for McLachlan,said it was clear Whelan Browne had a series of appointments with a therapist where her interactions with McLachlan were discussed and this was not a case of"fishing around"for medical records.

He said it was"on the cards"the notes could assist McLachlan's case.

But Lyndelle Barnett,the barrister for the media companies and Whelan Browne,said McLachlan's lawyers were clearly"fishing"to see if there was any prior"consistent or inconsistent"statement about the alleged behaviour.

It was likely in any case that the therapist would claim the notes were covered by protected confidence privilege,Ms Barnett said.

The privilege protects communications made to a confidant"in the course of a relationship in which the confidant was acting in a professional capacity"and"when the confidant was under an express or implied obligation not to disclose its contents".

Ms Barnett said that if the question was allowed to be put to Whelan Browne,Justice McCallum should also allow the defendants to ask the actor for the name of his therapist for the same purpose.

The court has previously heard McLachlan is seeking special damages for economic loss totalling $6.5 million,on top of general damages for non-economic loss.

His lawyers have applied to have the trial split in two so that the question of the liability of the media outlets and Whelan Browne for the articles and reports are dealt with first,in front of a four-person jury,before the judge hears issues relating to damages separately.

The media outlets and Whelan Browne oppose that course,except on the limited issue of special damages. Ms Barnett said questions relating to special damages need not be heard before the jury and it was a"neat piece of the pie"that could be excised from the hearing before a jury.

Justice McCallum is expected to rule on both issues on Monday,along with a separate application by McLachlan's lawyers to strike out part of the defence filed by the media outlets and Whelan Browne.

McLachlan's solicitor previously told the court his client has suffered severe mental anxiety and distress,rarely leaves home,and that his acting career has been"effectively destroyed"in the wake of the allegations made against him.

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