Linda Reynolds’ defamation lawsuit against Brittany Higgins and her fiancé David Sharaz failed to reach a settlement on their first day of mediation, raising the likelihood that they would go to trial.
The Liberal senator had a mediation session with the couple at the WA Supreme Court on Tuesday to try to resolve the differences.
Still, after nine hours of talks, the parties failed to reach an agreement.
There will be a strategic conference on Wednesday at 2.30pm and a trial is expected to take place in July, which could last up to six weeks.
Linda Reynolds left the court with her lawyer Martin Bennett and her partner Robert Reid.
“Long day,” she told the waiting media.
“It’s still ongoing, so it’s not appropriate for me to comment on it yet.”
Linda Reynolds (pictured with her partner and lawyer arriving at the WA Supreme Court on Tuesday) told the waiting media it had been a ‘long day’
Brittany Higgins walks into the courtroom Tuesday morning in a cornflower blue dress, accompanied by her attorney Leon Zwier
Ms Higgins wore a $1,300 cornflower blue ‘Ahana dress’ with long sleeves and a belt, while her fiancé wore a $200 silk knit tie and cream Ralph Lauren blazer as they burst into the building before Ms Reynolds arrived on Tuesday morning .
Ms Higgins told the media Perth was “beautiful” but a difficult place to return to. The last time she was with Senator Reynolds in Perth was in 2019, weeks after her alleged rape, when she was a member of the then minister’s staff.
However, outside court on Tuesday, Ms Higgins said she believes “everyone is acting in good faith”.
The mediation talks took so long that the guards had left and closed the revolving doors as all parties left the court.
The mediation session took place after Judge Marcus Solomon urged the parties to resolve the issue before going to trial, citing the enormous costs often associated with defamation proceedings.
Ms Reynolds’ defamation case centers on social media posts fired by Ms Higgins and Mr Sharaz.
Linda Reynolds is pictured with Brittany Higgins in Perth in 2019
She claims the messages imply she pressured Ms Higgins not to proceed with a complaint to police about the alleged rape, and that she interfered in the trial of Bruce Lehrmann.
Ms Higgins is also accused of breaching a non-disparagement clause in a settlement contract she entered into in 2021, which prevents her from speaking negatively about Ms Reynolds.
Ms Reynolds has also separately sued Mr Sharaz alleging he defamed her in five social media posts, which were allegedly ‘falsely defamatory’ and caused her ‘loss and damage’.
The senator is seeking higher damages, an injunction to restrain Ms. Higgins from publishing allegedly defamatory material, and another injunction to restrain her from breaching the settlement agreement.
The senator first threatened legal action in July last year, claiming she had been the target of “unwarranted criticism and abuse” since Ms Higgins went public with her rape allegations in 2021.
Ms Higgins and Mr Sharaz moved permanently to France at the end of last year after buying a house near Bordeaux.
They had no plans to return to Australia, but had to go to court in Perth on Tuesday and Wednesday.
It comes just months after Ms Reynolds tried to freeze Ms Higgins’ assets.
More to come.