- Summons filed to initiate proceedings to set aside capitalization of trust
Senator Reynolds has again sued Brittany Higgins over the fund that manages some of the proceeds from her millions of dollars in Commonwealth compensation payments.
The Brittany Higgins Protect Trust was established the day after Mrs Higgins signed a deed of settlement with the Commonwealth.
Ms Higgins was set to receive $2.4 million in damages as part of the settlement after she was allegedly raped by a colleague in Parliament House.
The payment was made in connection with future loss of income, medical bills, legal fees and the stress she had endured.
The warrant shows that on February 23, 2023, Ms Higgins retired as trustee of the Brittany Higgins Protective Trust and the trust was transferred to Power Blazers Pty Ltd, a company owned by Ms Higgins, her father and girlfriend Emma Webster.
The warrant alleges that Mrs Higgins made the transfer with the intent to frustrate or delay creditors.
The order requests that the settlement funds be returned to Ms. Higgins.
This would allow Senator Reynolds, a potential creditor, to make a claim against the trust if she is successful in her defamation action against Mrs Higgins.
Senator Linda Reynolds has filed a new legal challenge against Brittany Higgins
Brittany receives millions in compensation from the Commonwealth.
Outside court on Thursday, Senator Reynolds’ lawyer Martin Bennett told reporters the injunction was filed to begin proceedings to unwind the trust’s capitalisation.
“We seek to have the remainder of the $2.4 million returned to Ms. Higgins’ estate in the event Senator Reynolds is successful in this case,” he said.
‘In this case, it would be possible to claim damages under the Civil Judgements and Enforcement Act.’
Senator Reynolds is suing Ms Higgins and her husband David Sharaz over a number of social media posts the couple made in 2022 and 2023.
Senator Linda Reynolds’ attorney, Martin Bennett, told reporters the injunction was filed to request that the remainder of Brittany Higgins’ compensation payment be returned to her trust. Photo: NewsWire/Sharon Smith
The reports were critical of Senator Reynolds’ handling of Ms Higgins’ allegation that she was raped in Parliament House by her then colleague Mr Lehrmann in 2019.
He was charged with rape and was due to go to trial in 2022, but the trial was halted due to juror misconduct.
The charges were dropped and Mr Lehrmann continues to maintain his innocence.
Mr Lehrmann lost a civil defamation case in April this year when the Federal Court found on the balance of probabilities that Mr Lehrmann had raped Ms Higgins in Parliament House.