Linda Reynolds side-lined by Commonwealth in Brittany Higgins’ $2.4m settlement, bombshell documents allege

Rebecca Le May
The Nightly
Former Senator Linda Reynolds says she was excluded from the settlement process and could easily have defended Ms Higgins’ mishandling claims.
Former Senator Linda Reynolds says she was excluded from the settlement process and could easily have defended Ms Higgins’ mishandling claims. Credit: Justin Benson-Cooper/The Sunday Times

Explosive new documents have detailed Linda Reynolds’ alleged sidelining and railroading by the Federal Government as it seemingly bent over backwards to reach a $2.4 million settlement with Brittany Higgins.

Fresh from winning her epic defamation case against her ex-staffer, the former Liberal senator has taken legal action against the Commonwealth over the December 2022 payment.

It was clinched after Ms Higgins’ claimed her former boss mishandled her allegation she was raped by colleague Bruce Lehrmann at Parliament House in Canberra in 2019.

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“It just, and the amount of it ... gave rise to a perception that everything that Brittany Higgins had ... (said) about her was true,” Ms Reynolds’ lawyer Martin Bennett told reporters on Wednesday.

An affidavit then publicly revealed that less than two hours before Ms Higgins’ limitation period was due to expire, the Federal Government dropped a bombshell though law firm HWL Ebsworth.

Ms Higgins claims she’s now broke, Ms Reynolds’ lawyer Martin Bennett told a separate bankruptcy hearing in the same court on Tuesday.
Ms Higgins claims she’s now broke, Ms Reynolds’ lawyer Martin Bennett told a separate bankruptcy hearing in the same court on Tuesday. Credit: AAP

In a letter, Ms Reynolds was informed that Attorney-General Mark Dreyfus had decided the Commonwealth would exercise its discretion to take over defence of the case.

She was told to not just stay away from the mediation but make no mention of it, with the measures aimed “to ensure the Commonwealth puts itself in the best position to achieve a resolution”.

Just six business hours later, the Federal Government then extended Ms Higgins’ limitation period by almost three months, despite Ms Reynolds’ previous refusal to extend.

She argues she was not given enough time to get independent legal advice and refuse the conditions imposed on her ability to defend herself.

As it turns out, the settlement was done and dusted a week later.

Ms Reynolds just before finding out she had won her bitter defamation case against her former staffer in August.
Ms Reynolds just before finding out she had won her bitter defamation case against her former staffer in August. Credit: Ian Munro/The West Australian

“It contained no protection, essentially, for Linda, no non-disparagement clause or something of that nature,” Mr Bennett said.

Since then, Ms Higgins’ claims of a political cover-up and other mishandling have been rejected in two courts.

Mr Bennett said Ms Reynolds was now feeling “reputationally, very much vindicated”.

“And that’s reflected in the fact that she can’t walk in public without people stopping her and telling her how much they admired her tenacity,” he said.

“She was overseas ... and people were uniform in their congratulations to her.

“Now it’s just a matter of seeking financial vindication.”

After a first, brief hearing in the Federal Court on Wednesday, the Commonwealth has until February 6 to file a defence to what Mr Bennett describes as “essentially a negligence action”.

Lawyer Martin Bennett arrives at the Federal Court on Wednesday.
Lawyer Martin Bennett arrives at the Federal Court on Wednesday. Credit: Sandra Jackson/The West Australian

Ms Reynolds is also seeking to have Ms Higgins and her husband David Sharaz declared bankrupt, in a bid to secure huge damages and court costs.

The next court date for Ms Higgins is November 18 and December 16 for Mr Sharaz.

Mr Lehrmann continues to maintain his innocence after his 2022 rape trial was aborted due to juror misconduct and the charge was then dropped.

In a subsequent defamation case against Network Ten and journalist Lisa Wilkinson that he lost in 2024, he was found to have raped Ms Higgins, based on the balance of probabilities, which is the standard of proof in civil cases.

He is appealing that finding.

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