Brittany Higgins defamed Linda Reynolds, WA Supreme Court judge finds, $315,000 in damages awarded

A WA Supreme Court judge has found Brittany Higgins did defame her former boss Linda Reynolds, awarding the ex-Liberal Senator $315,000 in damages.

Justice Paul Tottle handed down his long-awaited verdict on Wednesday morning, almost a year after the bitter and costly civil action wrapped up.

Ms Reynolds, who did not recontest the May federal election, alleged her ex-staffer damaged her reputation in a series of social media posts in 2022 and 2023.

In them, Ms Higgins referred to being “bullied” and refusing to “stay silent”, alleging her then-boss mishandled her claim she was raped by colleague Bruce Lehrmann at Parliament House in 2019.

Justice Tottle found Ms Higgins had defamed Ms Reynolds on three occasions and had not established the defence of truth or any other defence for two of the social media posts.

He awarded damages for them of $135,000 and $180,000, respectively.

Firstly, a Tweet on January 27, 2022 by Ms Higgins and her husband David Sharaz, who Ms Reynolds also sued, conveyed two defamatory imputations, the judge said.

They were that Ms Reynolds had pressured Ms Higgins not to proceed with a genuine complaint of sexual assault, and that the former politician was a hypocrite as an advocate of gender equality and female empowerment.

Then, an Instagram story published by Ms Higgins July 4, 2023 conveyed three defamatory imputations, he said, including that Ms Reynolds was engaged in a campaign of harassing Ms Higgins and had mishandled the rape allegation.

There was also an imputation Ms Reynolds had engaged in questionable conduct at the 2022 rape trial of Mr Lehrmann, Justice Tottle said.

That criminal proceeding was aborted due to juror misconduct, the charge was then dropped and Mr Lehrmann continues to maintain his innocence.

Justice Tottle found Ms Higgins had also defamed Ms Reynolds in tweets on July 20, 2023 “which conveyed the imputation the plaintiff wanted to silence the victims of sexual assault”, and had not established the defence of truth.

But she had established defences of “honest opinion, fair comment and qualified privilege”, he said, so awarded no damages.

Two of Ms Reynolds claims failed, including that there had been a conspiracy between Ms Higgins and Mr Sharaz, in planning to first air the controversy in the media in early 2021.

That claim had failed to prove the couple had a “common and sole or predominant purpose” to injure the former MP, Justice Tottle said.

Ms Reynolds did establish that one of the statements made in the Instagram story breached a term of a deed of settlement restricted disparaging or critical comments by either party about the dispute.

But Justice Tottle said he was not persuaded an injunction, muzzling the couple, was necessary.

The judge also awarded Ms Reynolds $26,109 in interest.

A triumphant Ms Reynolds said her fight had incurred “enormous personal and financial cost”.

“I am relieved that the judgment delivered this morning by Justice Tottle comprehensively details what his Honour found to be the dishonest allegation of a political cover-up,” she said.

“I am pleased that his Honour recognised from the outset that the trial was never about Ms Higgins’ rape allegation.

“Rather, it was always about the subsequent serious, hurtful and entirely false allegations made about my conduct and that of my staff.”

Justice Tottle wrote in his judgment that the cover up claim was “sensational” and “assured of attracting media interest but it was untrue”.

Outside court, Ms Reyolds’ lawyer Martin Bennett confirmed his client would be entitled to seek indemnity costs for the entire action, which Justice Tottle will determine based on written submissions.

Ms Higgins said in a statement that she was grateful the matter had finally reached a conclusion.

“I was 24 years old when I was sexually assaulted in Parliament House,” she said.

“Six years have passed - years marked by challenge, scrutiny, and change.

“I accept that Linda Reynolds feelings were hurt by these events and I am sorry for that. I wish her well for the future.

“Thank-you to the Australian public for their compassion and understanding throughout this journey.

“My family and I now look forward to healing and rebuilding our lives.”

The judgment comes after Federal Court Justice Michael Lee found last year, on the balance of probabilities, that Mr Lehrmann raped Ms Higgins in Ms Reynolds’ Canberra office after a night out drinking.

That was contained in a ruling for Mr Lehrmann’s failed defamation action against Network Ten and journalist Lisa Wilkinson over an interview with Ms Higgins on The Project.

But Justice Lee also found that the cover up allegation was not true.

Mr Lehrmann is appealing that judgment, with the decision reserved for a later date.

Nearly two dozen witnesses testified at the blockbuster trial including former prime minister Scott Morrison, Ms Reynolds herself and her partner Robert Reid.

Ms Higgins bowed out of testifying midway through proceedings, citing medical reasons, but argued through her lawyer Rachael Young that she did not intend to denigrate her former boss.

Mr Sharaz decided against defending himself before the trial began but was represented by a lawyer at earlier hearings.

With the legal costs believed to run in the millions, Ms Higgins and Mr Sharaz reportedly had to sell their chateau in France recently for an estimated $700,000, while Mr Bennett last year said his client had to mortgage her house “to the hilt”.

Ms Reynolds said her health also suffered and she was at one stage hospitalised on the advice of her cardiologist.

She is now suing the Federal Government and law firm HWL Ebsworth over a $2.4 million settlement clinched with Ms Higgins amid her mishandling claims, with the first case management hearing scheduled for October 8.

Sexual Assault Resource Centre 1800 199 888