Judge makes call on Higgins–Reynolds feud
Former Liberal senator Linda Reynolds has won her court battle with former staffer Brittany Higgins.
Justice Paul Tottle handed down his long-awaited judgment on Wednesday in the defamation case fought in the Western Australian Supreme Court last year.
The high-profile five-week defamation trial, which ended in September 2024, ballooned into a who’s who of Australian politics and media.
More than 20 witnesses gave evidence during the hearing, which re-examined Higgins’ alleged rape by fellow staffer Bruce Lehrmann in 2019 and subsequent events, including her decision to publicise her claims two years later.
Reynolds had claimed three social media posts were defamatory.
Justice Paul Tottle agreed, but said one of them – a tweet by Higgins published on July 20, 2022 – was made on the basis of an honestly held opinion, fair comment and qualified privilege.
He awarded Reynolds damages of $315,000 plus costs and $26,000 in interest.
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During the case, Reynolds’ lawyer Martin Bennett told the court Higgins and Sharaz created a “fictional story of political cover-up” that cast the ex-senior Liberal as a villain in a bid to harm her.
Bennett also alleged the couple courted journalists Lisa Wilkinson from Network Ten’s now-defunct The Project and Gold Walkley award-winner Samantha Maiden from News Corp with their “fairytale” while Higgins was still working for Liberal Senator Michaelia Cash.
Reynolds claimed Higgins’ social media posts carried imputations she harassed her former staffer, mishandled her alleged rape, wanted to silence sexual assault victims and engaged in questionable conduct during Lehrmann’s aborted criminal trial.
She testified that late senator Kimberley Kitching gave her a heads-up before fellow Labor senators Katy Gallagher and Penny Wong led an intense grilling that resulted in her physical and emotional breakdown in parliament.
She also linked the saga to Kitching’s death from a suspected heart attack in March 2022, amid tearful evidence in which she alleged her friend was bullied by her colleagues.
Former prime minister Scott Morrison said Higgins’ claims against Reynolds were weaponised to discredit his government, and the political attacks were aggressive and coordinated.
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Higgins’ lawyer Rachael Young said her client was a courageous woman who was sued for speaking up and her motive for doing so was not to harm Reynolds but to drive workplace reforms and stop anyone else from experiencing what she had gone through.
Higgins did not give evidence at the trial for medical reasons.
Higgins alleged she was raped by Lehrmann in Reynolds’ ministerial suite in March 2019.
A Federal Court judge overseeing a defamation case launched by Lehrmann against Network Ten found Higgins was, on the balance of probabilities, raped by Lehrmann in the office.
Lehrmann is appealing that finding.
He has always denied the rape allegation and his criminal trial was derailed by juror misconduct.
Wednesday’s hearing in Perth was brief. Tottle’s full judgment will be made public soon.
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National Sexual Abuse and Redress Support Service 1800 211 028
-with AAP
