Sometime late this afternoon Justice Robert Austin and barrister David Williams SC will have a little chat in court 12A in the NSW Supreme Court.

Looking on will be one very interested witness: executive chairman of PBL James Packer, the main witness in ASIC action to seek $92 million in compensation against Jodee Rich and Mark Silbermann.

In his civilised, precise manner, Judge Austin will enquire of Mr Williams’ progress for the day in what’s turned out to be a gruelling cross-examination for the Younger Packer.

“I intend to revisit the matter tomorrow afternoon and regularly every afternoon to obtain Mr Williams’ assessment,” Justice Austin said yesterday afternoon.

Judging from Mr Austin’s comments he will expect progress from Mr Williams. Yesterday he rejected an application from the ASIC counsel seeking to curtail the examination of Mr Packer. Mr Austin said the seriousness of the move by ASIC against the defendants and the resulting possible penalties meant Messrs Rich and Silbermann had to be afforded every possible opportunity to make their case.

Hence the extra day of cross-examining Mr Packer. Justice Austin, who is “keeping score” if you like, wants to make sure progress is being made in the defendants’ case. So far, Mr Packer has been in the witness box for five days: another four were scheduled for this week with his evidence concluding Friday.

On that basis it seems James Packer had planned to get back to a normal life next week with an overseas trip but it seems Mr Williams’ cross-examination is proceeding more slowly than thought and Mr Packer will be needed one more day, next Monday, at this stage.