‘Heading for trial’: Linda Reynolds, Brittany Higgins mediation talks break down

Linda Reynolds has told the Albanese government it must accept that it paid $2.45m to Brittany Higgins based on claims identified as untrue in a civil court judgment.

Linda Reynolds arrives at the court on Tuesday for her mediation hearing with Brittany Higgins Picture: Colin Murty

Senator Linda Reynolds has told the Albanese government it must accept that it paid $2.45m to Brittany Higgins based on claims identified as untrue in the civil court judgment that also found Bruce Lehrmann raped Ms Higgins at Parliament House in 2019.

Senator Reynolds made the comments outside court on Tuesday as she pressed on her with her defamation case against Ms Higgins, her former media adviser, and Ms Higgins’ partner David Sharaz.

She is suing them over social media posts from 2022 and 2023.

In court, Senator Reynolds’ lawyer Martin Bennett has previously described those posts as attacks on Senator Reynolds and as a “concerted plan”.

A long day of mediation to avoid a trial failed in March. A second attempt at mediation on Tuesday also failed after three hours.

Senator Reynolds emerged from the David Malcolm Justice Centre in the centre of Perth shortly after 1pm local time on Tuesday and told waiting media: “Unfortunately, it appears at this stage that we still will be heading to trial in July.”

Tuesday’s mediation was the first attempt at a settlement since Network Ten successfully defended itself in a defamation case brought by Mr Lehrmann over a story on The Project.

That story featured Ms Higgins’ rape allegation and claims of a political cover-up in which Ms Higgins was forced to choose between her career and justice.

In a lengthy judgment in that case in April, Justice Michael Lee found that, on the balance of probabilities, Mr Lehrmann raped Ms Higgins in the ministerial suite of Senator Reynolds in the early hours of March 23, 2019. At the time, Senator Reynolds was the defence industry minister.

Ten won the case because Ms Higgins’ rape allegation was found to be true. However Justice Lee said “the cover-up allegation was objectively short on facts, but long on speculation and internal inconsistencies – trying to particularise it during the evidence was like trying to grab a column of smoke”.

On her way in and out of the mediation on Tuesday, Senator Reynolds said all of Justice Lee’s findings must be accepted by all parties. She said this included the Finance Minister, the Attorney-General and his department.

“It’s time for them to admit they got it wrong,” she said before the mediation began.

Senator Reynolds later confirmed she was talking about Ms Higgins’ payout, which – according to documents made public in court – included $400,000 for the way she was treated at work.

“Justice Lee made some very comprehensive findings in his judgment and it is time for all parties to accept all of his comments and I think that will help us all move forward,” she said.

When Senator Reynolds was asked which findings, her lawyer Mr Bennett referred to six paragraphs about the Commonwealth deed that underpinned Ms Higgins’ payout.

Justice Lee said it was evident several things being alleged were untrue and gave examples, including that “minister Reynolds did not engage with [Ms Higgins] at all during the election campaign. She avoided [Ms Higgins] and made clear that she did not want the claimant attending events with her”.

Standing outside court with Senator Reynolds after the failed mediation, Mr Bennett said the relevant paragraphs of the judgment were “where Justice Lee identified that the warranties given by Ms Higgins in the deed of settlement were false”.

A reporter then asked Senator Reynolds: “But in saying that the Attorney-General was wrong … is that in terms of awarding her the payout?” Senator Reynolds replied: “Yes”.

Mr Sharaz and Ms Higgins were not present for the mediation in Perth. Ms Higgins’ and her lawyer may have participated by video link, The Australian has been told.