Defamation action: Linda Reynolds claims Brittany Higgins set up parliament questioning

Senator Linda Reynolds has claimed former staffer Brittany Higgins “acted maliciously” when making social media posts for which she is now suing them for defamation, according to documents lodged in court.

The case is set down for trial on August 2 after multiple mediation attempts failed.

Senator Reynolds’ legal team intends to call more than 20 witnesses, including fellow Liberal senators Michaelia Cash and Wendy Askew and possibly former prime minister Scott Morrison.

At a previous hearing, both sides agreed Ms Higgins — who is being sued over a handful of social media posts published in 2023 — would be required to take the stand too, potentially for up to a week.

Senator Reynolds’ statement of claim in the matter covers the questioning she faced in parliament from then-opposition Labor senators relating to Ms Higgins’ allegations she was raped in a ministerial office, The Australian reported on Tuesday.

It also canvasses text messages sent between Ms Higgins and her partner David Sharaz, some of which came to light in an earlier, separate defamation trial related to the allegations.

“In the circumstances it can be inferred that the defendant provided senators (Penny) Wong and (Katy) Gallagher with the information forming the basis of those questions referred to above in circumstances where the defendant knew this information was false,” the newspaper reported the statement of claim reads.

Labor senators peppered Liberal ministers including Senator Reynolds with questions throughout the week of February 15, 2021, after Ms Higgins’ allegations were first reported.

Hansard records show that on February 17, 2021, Senator Gallagher told the Senate: “Just for the information of the chamber, Ms Higgins has given permission for us to ask questions about this incident. Just for your information – I don’t think you should hide behind Ms Higgins by refusing to answer these questions.”