Everything you need to know about Brittany Higgins, Bruce Lehrmann case
From the court cases to the compensation and all the main players.
Former Liberal staffer Brittany Higgins in February 2021 conducted interviews with two journalists airing allegations that she was raped by a colleague on the couch of Liberal Senator Linda Reynolds in Parliament House in March 2019. That colleague was not named in the interviews but later revealed to be Bruce Lehrmann. Mr Lehrmann denies the allegation.
Former Liberal staffer Brittany Higgins in February 2021 conducted interviews with two journalists airing allegations that she was raped by a colleague on the couch of Liberal Senator Linda Reynolds in Parliament House in March 2019. That colleague was not named in the interviews but later revealed to be Bruce Lehrmann. Mr Lehrmann denies the allegation.
Ms Higgins, in the interviews conducted with television presenter Lisa Wilkinson on Network 10’s The Project and news.com journalist Samantha Maiden, also alleged there was a culture of cover-up perpetuated by the Liberal party to prevent her alleged assault coming to light.
After she went public with the allegations, the ACT police launched an investigation, and a subsequent criminal rape trial ensued. It was eventually thrown out of the ACT Supreme Court due to juror misconduct, after a jury member brought external research into the jury room. Shortly after, then-ACT chief prosecutor Shane Drumgold announced he would not commence a retrial against Mr Lehrmann due to Ms Higgins’ fragile mental state. The charge against Mr Lehrmann was dropped.
Who are the main players?
Bruce Lehrmann:
Former Liberal staffer Bruce Lehrmann was accused of raping Brittany Higgins in Parliament House in the early hours of March 23, 2019.
Brittany Higgins:
Former Liberal staffer Brittany Higgins has accused Bruce Lehrmann of raping her in Parliament House in the early hours of March 23, 2019.
Lisa Wilkinson:
The presenter of Network 10’s The Project interviewed Brittany Higgins about her rape allegations in February 2021.
Taylor Auerbach:
Journalist and former Channel Seven Spotlight producer who helped land Bruce Lehrmann's first TV interview, in which an embarrassing recording of Lisa Wilkinson, Brittany Higgins and David Sharaz was aired. Auerbach parted ways with Seven and has made bombshell claims in the Lehrmann v Ten defamation case about how the network secured the interview, alleging it paid for massages, accommodation, food and even reimbursed the cost of illicit drugs for Lehrmann, claims he denies.
Linda Reynolds:
Liberal Senator Linda Reynolds was Brittany Higgins and Bruce Lehrmann’s boss at the time the alleged rape occurred on her couch in March 2019.
Fiona Brown:
Fiona Brown was Linda Reynolds’ chief of staff - and the direct boss of both Bruce Lehrmann and Brittany Higgins - at the time the alleged rape occurred in Parliament House.
Shane Drumgold:
Former ACT chief prosecutor Shane Drumgold spearheaded the prosecution of Bruce Lehrmann in the ACT Supreme Court in 2022.
Walter Sofronoff:
Former judge Walter Sofronoff chaired an inquiry into Mr Drumgold’s conduct while prosecuting Bruce Lehrmann’s rape trial.
Justice Michael Lee:
Federal Court justice Michael Lee heard the defamation case between Bruce Lehrmann, Network 10 and Lisa Wilkinson last year. He is expected to hand down a judgment into the matter at any time.
David Sharaz:
Former journalist David Sharaz assisted his fiance, Brittany Higgins, in organising media interviews to air her rape allegations.
Why did Brittany Higgins get compensation?
After going public with her rape allegations, Ms Higgins received a $2.3m payout from the Albanese government. The money was awarded to Ms Higgins in December 2022 over her claim she was not properly supported as a parliamentary employee by Senator Reynolds and government personnel after she was allegedly raped by Mr Lehrmann. The money was awarded after a one-day mediation at which neither Senator Reynolds nor any former government figure gave evidence or made submissions.
What do Brittany Higgins’ mum and dad say?
Kelly Higgins has said it was “a mother’s worst nightmare” to hear daughter Brittany finally reveal she was raped in Parliament House, after months of watching her once “extremely happy” daughter become “extremely detached”. Matthew Higgins said her daughter became visibly withdrawn after the alleged rape occurred.
Who is Bruce Lehrmann suing?
Mr Lehrmann sued News Ltd, the publisher of news.com and Network 10 over the interviews with Ms Higgins. News Ltd settled the matter before it went to trial. Network 10, however, engaged in a five-week trial against Mr Lehrmann in December last year. The decision as to whether Network 10 and Wilkinson defamed Mr Lehrmann in the Higgins interview is due to be handed down at any time.
Mr Lehrmann also launched defamation action against the ABC after it aired a National Press Club address featuring Ms Higgins and former Australian of the Year Grace Tame. This, too, was settled outside of court.
When is the decision coming out?
This is a topic of hot speculation in the legal fraternity. Justice Michael Lee has ‘retired’ to his chambers to write the judgment, which is likely to run to hundreds of pages and be delivered in March.
Who is going to win?
Good question! Justice Lee needs to decide whether, on the balance of probabilities, Bruce Lehrmann raped Brittany Higgins. That’s the question of ‘truth’. If the judge finds the rape did occur, Network Ten and Wilkinson have a thumping victory. They would seek to have Lehrmann pay their substantial legal costs - likely to run into many millions.
If the judge finds on the balance of probabilities, that no sexual contact occurred between the two - as Mr Lehrmann testified - and he did not rape Brittany Higgins, he must decide how much compensation or damages Lehrmann should be paid by Wilkinson and Ten. If the judge finds the pair did have sex, but it was consensual, or that Lehrmann did not understand Higgins was not consenting, that means he has effectively found Lehrmann to be a liar. Ten has argued in this case, the damages should only be a nominal amount such as $1, because they say Lehrmann has lied at various times throughout this saga.
The judge also has to consider Ten and Wilkinson’s defence of ‘reasonableness’: that is, was it reasonable to publish the allegations, even if the judge does not find them to be true? This will turn on all the efforts Ten and Wilkinson made (or did not make) to establish the truth of Higgins’ claims. If the judge finds Ten and Wilkinson were reasonable, this could either reduce the amount of damages Lehrmann is awarded if he wins on truth, or it could mean an outright victory for Ten and Wilkinson.
Who is Lisa Wilkinson suing?
Wilkinson - who is still employed by Network Ten but not presently on air - has launched a cross-claim against Ten over the costs of her legal defence. Wilkinson has engaged her own barrister, Sue Chrysanthou SC, and wants Ten to pay Chrysanthou’s bills up front. Ten argues it shouldn’t have to pay Wilkinson’s legal costs because it was unreasonable for her to have obtained separate legal representation.
What is the ACT board of inquiry?
In 2022 the ACT Government called an inquiry, chaired by retired judge Walter Sofronoff KC, into political and police conduct during the prosecution of Mr Lehrmann. This was something Shane Drumgold had request - but the inquiry found every one of the allegations made by Mr Drumgold that sparked the inquiry were baseless, and that Mr Drumgold “did not act with fairness and detachment as was required by his role”. Mr Sofronoff also found that Mr Drumgold engaged in serious malpractice and grossly unethical conduct in Mr Lehrmann’s trial. After these findings were released, Mr Drumgold resigned as the ACT DPP.
Who is Shane Drumgold suing?
Mr Drumgold has taken legal action against the board of inquiry and the ACT government over Mr Sofronoff’s findings in the report. This matter is due to be heard over three days from February 13.
Who is Linda Reynolds suing?
Senator Reynolds has launched defamation proceedings against Ms Higgins and her fiance David Sharaz, over social media posts which, she says, imply she put pressure on Ms Higgins not to proceed with a police complaint regarding her alleged sexual assault. The parties have been urged by a WA Supreme Court judge to settle the matter in mediation, which is scheduled for early March. If this cannot resolve the issue, there will be a six-week trial in July.
Anything else?
Mr Lehrmann sued News Ltd, the publisher of news.com, over its interview with Ms Higgins.
Mr Lehrmann also launched defamation action against the ABC after it aired a National Press Club address featuring Ms Higgins and former Australian of the Year Grace Tame. Both these matters were settled outside of court.
