The hearing comes after yesterday's decision by the Federal Court judge Geoffrey Flick to allow Fraser-Kirk's counsel to withhold the names of three women, who are set to be witnesses in the case, from the respondents to the sexual harassment case, former David Jones CEO Mark McInnes and the David Jones board.

Fraser-Kirk's counsel was, however, ordered to reveal the names of the witnesses to David Jones' counsel.

The matter is set down to be heard the week before Christmas.