Brittany Higgins, Fiona Brown: Scott Morrison’s government is about to go on trial, literally

One of the low moments of the Morrison Coalition government is about to go on trial. Those involved aren’t sure why.

A court hearing will begin at the end of next month into allegations by a former ministerial chief of staff, Fiona Brown, that she was unfairly treated after a young adviser in her office, Brittany Higgins, said she had been raped by a colleague.

Legal documents from the lawsuit became public on Wednesday. They show Ms Brown accuses then-prime minister Scott Morrison and his senior staff of refusing to defend her against media coverage that portrayed her as indifferent to Ms Higgins’ allegation against fellow adviser Bruce Lehrmann.

The coverage devastated Ms Brown’s life. She lost her career, her reputation and attempted suicide.

Instead of mounting a high-stakes lawsuit against the media outlets for defamation, Ms Brown decided to sue her former employer, the Federal Government, for breaching workplace laws protecting staff.

“The conduct caused Brown to feel left unvindicated, shunned, and which left her feeling isolated at work, stressed, humiliated and embarrassed,” the lawsuit alleges. “It also caused her psychiatric injury.”

Inner workings

While the witness list is not finalised, Mr Morrison or his advisers from the time are likely to be called to give evidence.

They would be forced to describe the inner workings of the office at one of its most acute moments of stress: when thousands of women were marching across Australia in March, 2021, in response to reports the government covered up a rape to protect itself.

Mr Morrison’s government was swept from power in 2022. In the following years, two judges dismissed the conspiracy allegation.

Ms Brown’s case could rekindle one of the biggest stories in modern political history, especially since she claims male advisers in the government were protected while evidence showing she was innocent was not made public.

Among the information available was a text message from Ms Higgins to Ms Brown two months after the alleged rape. “I can’t overstate how much I value your support and advice throughout this period,” the message said. “You have been absolutely incredible and I’m so appreciative.”

19 days in court

In 2021, Ms Higgins said she didn’t feel her allegation was taken seriously, according to an article on News.com.au at the time. “I felt like they were ticking a box,” she said.

Most lawsuits are dropped or resolved through negotiations before they get before a judge because of the high cost of lawyers.

In this case, the Federal Government has shown little interest in reaching a settlement and is preparing to go ahead with a hearing, which has been scheduled to run 19 days, according to those involved.

Liberal Party figures have said they hope Ms Brown receives compensation and questioned if the government wants to use the lawsuit to embarrass the Liberal Party by reminding voters of the scandal.

A Government spokesman declined to comment. Government rules require decisions about lawsuits to be free from political interference.

Ms Higgins’ former minister, Linda Reynolds, last year complained, “the Labor government is spending millions of taxpayer dollars to fight Fiona at every step of the way, even engaging the most expensive and experienced senior barristers”.

Federal Court judge Justice Michael Lee ruled in 2024 that Ms Higgins was raped by Mr Lehrmann, a finding he is appealing to the High Court.

Ms Brown’s statement of claim was first reported in The Australian.

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If you or someone you know needs help, contact 1800 RESPECT (1800 737 732), or Sexual Assault Counselling Australia on 1800 211 028.