Lawyers clean up as Brittany Higgins, Linda Reynolds begin mediation

As Brittany Higgins faces off with Linda Reynolds, legal sources estimate barristers will charge up to $18,000 a day.

Brittany Higgins in Perth on Tuesday, to meet face-to-face with Linda Reynolds as part of a court-ordered mediation. Picture: Colin Murty

Shortly after Brittany Higgins, her fiance David Sharaz and former defence minister Linda Reynolds entered Perth’s David Malcolm Justice Centre in a last-ditch attempt at mediation, a bin outside the building caught fire.

It seemed an apt metaphor for a saga that has had very few winners besides the high-priced lawyers representing the parties.

A rubbish bin catches fire outside the WA Supreme Court on Tuesday. Picture: NCA NewsWire / Sharon Smith

Ms Higgins on Tuesday was back in her old home town of Perth to face off with her old boss Linda Reynolds in mediation rooms inside Western Australia’s Supreme Court in a final attempt to avoid a defamation trial.

The former defence minister launched a defamation action against Ms Higgins and Mr Sharaz over various social media posts by the pair. Ms Higgins was an employee in Senator Reynolds’ office at the time she alleged that she had been raped by fellow ­staffer Bruce Lehrmann.

Ms Higgins and Mr Sharaz ­returned to Australia from France for Tuesday’s mediation, with Ms Higgins telling reporters on her way into court that she believed the process would be conducted “in good faith”.

David Sharaz. Picture: NCA NewsWire / Sharon Smith

Linda Reynolds. Picture: Colin Murty

Both sides have enlisted high-profile legal representatives for the matter.

Ms Higgins is being represented by Sydney silk Nicholas Owens SC, the same lawyer who oversaw Nine’s successful defence against Ben Roberts-Smith. Legal sources said the Ben Roberts-Smith success had driven a change in Mr Owens’ earning ­potential, with the barrister estimated to now be charging clients between $13,000 and $18,000 a day.

Ms Higgins is also being represented by prominent Melbourne lawyer Leon Zwier, who would be expected to charge corporate ­clients between $1200 and $1300 an hour, but who is thought to be charging Ms Higgins a discounted rate.

Meanwhile, Senator Reynolds is represented by Perth defamation lawyer Martin Bennett, who sources estimated would charge about $10,000 to $11,000 per day.

Mr Sharaz is being represented by Perth lawyer James MacLaurin SC – who in his younger days trained under Mr Bennett – at an estimated cost of $8000 to $10,000 a day.

With the costs of business-class flights and accommodation for the interstate legal representatives, the total lawyer fees are expected to be between $50,000 and $70,000 for Tuesday alone.

Overseeing the mediation was registrar Danielle Davies, with input from Supreme Court judge Marcus Solomon.

Ms Davies has a reputation in Perth legal circles for managing to resolve seemingly intractable ­disputes through mediation.

“She would easily be the best mediator in WA, if not nationally,” one legal source told The Australian. “If she can’t settle it, no-one can.”

Meanwhile, Justice Solomon has repeatedly urged the parties to find a way to avoid the matter going to trial.

Linda Reynolds recently received an apology and settlement from the ACT government over accusations against her by Shane Drumgold. Picture: Colin Murty

Last year, he told the parties’ lawyers that a protracted trial would come at a significant ­financial and human cost.

“I’ve spoken before about the desirability for this matter to be settled and I’ve not shifted one iota from that view,” Justice Solomon said last November.

The success or failure of the mediation should be known by Wednesday, when the parties will meet again for a strategic conference that will be open to the public.

Should they fail to reach an agreement, a trial is likely to take place in July.

Senator Reynolds, who earlier this year announced that she would retire from politics at the next election, recently received an apology and a $90,000 settlement from the ACT government over accusations against her by former chief prosecutor Shane Drumgold.

Senator Reynolds also reached a settlement late last year with publisher HarperCollins and Australian Financial Review ­journalist Aaron Patrick over statements in his book Ego: Malcolm Turnbull and the Liberal Party’s Civil War.