Linda Reynolds has launched bankruptcy proceedings against Brittany Higgins

Former defence minister Linda Reynolds has launched bankruptcy proceedings against Brittany Higgins, after being awarded more than $1m in defamation damages and legal expenses.

Ms Reynolds on Monday confirmed she had filed a creditor’s petition in the Federal Court seeking to set in motion the bankruptcy of Ms Higgins.

The launch of the proceedings against Ms Higgins follows similar action against her husband, David Sharaz.

In a statement published in The Australian, Ms Reynolds confirmed Ms Higgins had failed to comply with the bankruptcy notice she had issued to her several weeks ago.

“It is unfortunate I have to take this step in this long-running saga,” she said.

Ms Higgins and Mr Sharaz were ordered to pay 80 per cent of Ms Reynolds’ legal costs following a WA Supreme Court judgment that found she defamed the now retired politician.

Ms Reynolds had sued Ms Higgins and Mr Sharaz over a series of social media posts the pair published in 2022 and 2023 that claimed the former senator mishandled her junior staffer’s rape allegation.

Ms Higgins alleged she was raped in the senator’s office at Parliament House by her then colleague Bruce Lehrmann, who continues to deny the allegation.

Justice Paul Tottle said a lot of the evidence from the defamation trial was directed to a conspiracy claim, in particular harm suffered by Ms Reynolds in 2021, prior to the time the defamatory social media posts were published by Ms Higgins and Mr Sharaz.

“In my judgment, the interests of justice may be served by a percentage reduction in (Ms Reynolds’) costs to reflect that (she) did not establish her claim in relation to the 20 July 2023 tweets and that she did not establish her conspiracy claim,” he said.

Court documents revealed Ms Higgins offered Ms Reynolds a settlement payment of $200,000 four days before the trial started, but was rejected.

She also tried to have Ms Reynolds’ lawyer fees capped at $781 per hour, but her former boss argued her lawyers’ fees should be paid and include costs for two solicitors, a restricted practitioner and paralegal.

Justice Tottle found the settlement offer made to Ms Reynolds was unreasonable and $200,000 would only have been a contribution to costs.

He said the offer did not vindicate Ms Reynolds’ of her reputation.

Ms Reynolds argued a mutual statement drafted by Ms Higgins did not admit liability, did not include an apology and said no more than the parties agreed to disagree.