Milne, 33, who appeared in Melbourne Magistrates Court on Friday supported by his wife Melissa, is facing four rape charges dating back to 2004.
Defence attorney Phil Dunn QC says the complainant's version of events on the night of the alleged incident had changed.
"The complainant's story has changed in a number of aspects," Mr Dunn told the court.
"The detail has changed, shifting through her statement."
News that makes sense
Your trusted source for staying up-to-date with the world around you. Get free daily news updates and analysis, straight to your inbox.
He also argued the mother of the complainant had not given a statement until 2012, but was included in the interview with Mr Mitchell, which was never broadcast.
Lawyers for Mr Mitchell's employer 3AW argued the interview with the complainant was made for the purpose of seeking legal advice and as such was protected by privilege.
"We do object to providing the recording," Victoria Keller for 3AW said.
Mr Dunn argued Mr Mitchell had said the opposite on radio on Friday morning.
"Mr Mitchell has said quite the contrary to his audience," Mr Dunn said.
