Higgins, Sharaz and Reynolds fail to settle defamation case before the matter heads to trial
Linda Reynolds, Brittany Higgins and David Sharaz have failed to reach a settlement in last-ditch mediation talks on Tuesday, with a defamation trial expected to proceed.
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Last-ditch mediation talks between Senator Linda Reynolds, her former staffer Brittany Higgins and fiance David Sharaz have collapsed, as the parties once again failed to reach a settlement ahead of a defamation trial.
Senator Reynolds has alleged her reputation was damaged by social media posts made by Ms Higgins and Mr Sharaz about the former staffer’s rape in the Senator’s office at Parliament House.
The social media posts at the centre of the action were critical of Senator Reynolds’ response to Ms Higgins’ rape allegation, and she is now seeking damages from the pair.
The former political staffer made an allegation that she was raped by her then colleague Bruce Lehrmann, an allegation he has always denied.
Speaking outside of the David Malcolm Justice Centre on Tuesday afternoon, Ms Reynolds confirmed no settlement had been reached, and that the matter had been adjourned.
Ms Reynolds told waiting media the “saga” had gone on for three years and many people had been damaged along the way.
She said she would like to see a settlement made before trial, but would not confirm how much she was prepared to settle for.
“I have had high hopes for many months that we can finally (settle), for all of those who have been damaged and wounded by this saga over the last three years,“ Ms Reynold’s said.
“I think it is time for the truth that Justice Lee so clearly found in relation to this matter … for all parties to accept all of his findings and for all of us to find a way to move on.
“Far too many people have been damaged irreparably by this.”
Ms Reynolds thanked Justice Solomon for his sincere efforts to mediate the matter with great attention and compassion.
“Unfortunately, it appears at this stage we will still be heading to trial in July,” she said.
The mediation was adjourned on Tuesday but could be called back to court if any party requested further talks ahead of the trial.
“I am still very happy to continue with the mediation,” Senator Reynolds said.
“I am disappointed (there is no outcome today) but the point I made this morning is that Justice Lee made some comprehensive findings in his judgment and it is time for all parties to accept all his comments.
“I think that will help us all moving forward.”
Her lawyer Martin Bennett said outside of court that Justice Lee’s findings identified the warranties given by Ms Higgins in the deed of settlement were false.
“Justice Lee said it was not his job to comment on the enforceability of the deed of settlement but he made clear the findings, not of perception, but of fact.”
Ms Reynolds said it was wrong of the Attorney-General to have awarded Ms Higgins the $2.4m settlement payout she received.
Her lawyer said they would pursue other avenues to see if they could seek damages against the payment made to Ms Higgins.
“There is an application for pre-action discovery to be heard by the chief justice at a directions hearing on Thursday, and there are other avenues we are looking at,” Mr Bennett said.
Senator Reynolds and Ms Higgins last met in Perth for mediation in March, but negotiations failed to reach a settlement. If the matter remains unresolved it will go to trial in July.
Ms Higgins and Mr Sharaz did not attend Tuesday’s mediation session in person, and instead dialled in via AVL.
A lawyer for Mr Sharaz told media he could not comment as he left the courthouse on Tuesday.
Over the past year, lawyers have been back and forth to court to try and resolve the lawsuit that was launched by the Senator last year.
A separate case involving Ms Higgins and the Senator, relating to a trust containing Ms Higgins’ compensation payout from the federal government, is scheduled to take place on Wednesday before lawyers meet again on Friday for another strategic conference.
Outside court on Tuesday morning, Senator Reynolds said it was time for the Attorney-General and his department to admit they got it wrong, an assumed reference to a $2.4m settlement paid to Ms Higgins by the Commonwealth.
“I would like to commend Justice Lee on all his findings, and I think it is time that all parties accept his judgment,” she said.
In the Federal Court earlier this year, Justice Michael Lee ruled that he was convinced to a civil standard – which is different to a criminal standard – that on the balance of probabilities Ms Higgins was raped.
That finding came following legal action Mr Lehrmann brought against Network 10 and journalist Lisa Wilkinson over a report on The Project program in 2021.
Justice Lee also found a political cover-up involving Senator Reynolds and others was not true, which Senator Reynolds said vindicated her.
The compensation payment to Ms Higgins was broken down into five categories which included $400,000 for hurt, distress and humiliation she suffered from alleged conduct during her employment.
She was also awarded $1.48m to cover lost earning capacity, $220,000 for medical expenses, $100,000 for past and future domestic assistance and $245,000 for legal costs.
Originally published as Higgins, Sharaz and Reynolds fail to settle defamation case before the matter heads to trial
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