Commonwealth’s hefty legal bill in Linda Reynolds compensation fight exposed after Brittany Higgins settlement

A Senate estimates hearing has blown open the Labor Government’s hefty legal spending on top barristers to defend against a compensation claim brought forward by former defence minister Linda Reynolds.

Ms Reynolds is suing the Commonwealth and its legal representatives over their handling of Brittany Higgins’ $2.4 million compensation settlement in 2022.

The former Liberal senator argues that the payout effectively validates Ms Higgins’ allegations that she was raped by Bruce Lehrmann inside Parliament House in 2019 and was not adequately supported by Ms Reynolds.

Attorney General Michelle Rowland has remained tight-lipped on how much her department is paying legal counsel to defend the Commonwealth in cases filed by Ms Reynolds and her former chief of staff, Fiona Brown.

Ms Brown is also pursuing legal action against the Federal Government, alleging it failed to protect her following Ms Higgins’ claims.

On Tuesday, a Finance Department probe in an estimates hearing revealed the steep fees being paid to barristers, with one charging more than $5000 per day.

“Has the Department of Finance briefed any counsel at rates above the $5000 a day (threshold) in relation to proceedings involving former minister Reynolds or Ms Brown?” Senator Anne Ruston asked.

“Yes, we have,” Rachel Antone, the department’s assistant secretary, responded.

Senator Ruston pressed Ms Antone to disclose the total amount paid so far, but the official refused, citing concerns that revealing the figures would “jeopardise” the Commonwealth’s legal strategy.

Senator Ruston then accused the Department of being obstructive.

“I would contest you are being quite obstructive to providing me with the information I am requesting,” she said.

Ms Antone defended the choice of barristers, saying they were selected for their experience in handling traumatic cases.

Senator Ruston criticised the Government for claiming a “trauma-informed” approach while failing to demonstrate it had “done everything” to protect Ms Reynolds and Ms Brown after Ms Higgins’ allegations.

It was later clarified that only one barrister in the Reynolds case had been given the green light by the Attorney General’s Department to work at a rate exceeding $5000 a day.

The development comes after Foreign Affairs Minister Penny Wong clashed with Senator Ruston over Labor’s longstanding claims of a political cover-up in the rape of Ms Higgins.

Senator Ruston challenged Senator Wong to confirm whether she or the Prime Minister accepted the court’s findings by Justice Michael Lee in the Federal Court and Justice Paul Tottle in the WA Supreme Court that Labor’s accusations were baseless.

“I’ll see if the Prime Minister has anything to add to the answer that he gave on the day in question (November 19)...I will check whether or not he, on notice, whether or not he has anything to add to the answer he already gave,” Senator Wong replied.

“And what I would also say is this...the heart of this matter is a young woman, who a court found was raped in the office of a Liberal minister, and I would hope we can all reflect on the impact of her and as importantly all survivors of sexual assault in this country.

“Now, I know there are further legal proceedings in place which make it much more difficult for us to comment further.”

Senator Ruston pressed the Minister, insisting she was not asking about the criminal case involving Ms Higgins, but rather the allegations directed at Senator Reynolds and Ms Brown.

“So given the findings of the two superior Australian courts, will you now acknowledge that accusations by you and your Government were, in fact, unfounded?” Senator Ruston asked.

“You may not be asking questions about the issue, meaning a young woman’s sexual assault, but that is at the heart of this matter,” Senator Wong responded.

“I take the issue of sexual assault very, very seriously,” Senator Ruston replied, “but that is not what I am asking about.”

When pressed again on whether her earlier comments had been unfounded, Senator Wong again dodged the question, saying only: “I’ll refer you to my previous answer.”