Brittany Higgins versus Linda Reynolds: Mediation to be held between senator, her former staffer and David Sharaz
Senator Linda Reynolds and her former aide Brittany Higgins appeared headed for trial in their defamation battle, but now there is new hope that they may be able to reach a settlement.
The Supreme Court of Western Australia has scheduled a mediation conference for May 21 between Ms Reynolds, Ms Higgins and her fiancé David Sharaz.
It is not yet known whether the trio will have to appear in person for the mediation talks.
The case still has a strategic conference scheduled for this Friday, as well as May 24, and trial dates are listed as of July 24.
Senator Reynolds has sued Ms Higgins and Mr Sharaz for defamation over several social media posts they published in 2022 and 2023, after Ms Higgins alleged she was raped in Parliament House by her then colleague Bruce Lehrmann.
Senator Linda Reynolds and her former aide Brittany Higgins appeared headed for a trial in their defamation battle
But last week, Mr Sharaz revealed at a directions hearing in the WA Supreme Court that he would no longer fight the case because he could not afford to.
“Despite our efforts, Linda Reynolds has not accepted efforts to resolve this matter through mediation, and Brittany may now be exposed to a new trial. It will be her third,” he said in a statement on social media.
‘I cannot afford to pay the legal fees to defend myself during a six-week trial.
“As a result, I informed the court today that I will no longer contest Reynolds’ legal action.
“I am now calling on Senator Reynolds to settle her lawsuit against Brittany, a rape victim, by agreeing to disagree and put this all behind her.
‘It’s time to move on. It’s time to let Brittany heal.”
Outside court, Senator Reynolds’ lawyer Martin Bennett said after the directions hearing that if there was a settlement it would have happened quickly, but it did not.
David Sharaz said he couldn’t afford the legal battle. Photo: NCA NewsWire / Sharon Smith
Federal Court Judge Michael Lee recently ruled that he was satisfied that Ms Higgins had been raped on the balance of probabilities, using a civil standard – which is different from a criminal standard.
That finding came after legal action brought by Mr Lehrmann against Network 10 and journalist Lisa Wilkinson over a report on the Project program in 2021.
Judge Lee also found that a political cover-up involving Senator Reynolds and others was untrue, which Senator Reynolds said vindicated her.
In her own statement, Ms Higgins said she regretted the pain her former boss and Ms Brown had suffered.
“While I do not agree with all of Judge Lee’s findings, I do respect his observations about the many people who have been scarred and harmed in the aftermath of my rape,” Ms Higgins said.
“Senator Reynolds and Fiona Brown were also injured and I’m sorry for that too. My perceptions and feelings about what happened in the days and weeks after my rape are different from theirs.
‘I deeply regret that we have not yet found common ground. I hope we can resolve our differences through a better understanding of each other’s experiences.’
Senator Reynolds has sued Ms Higgins and Mr Sharaz for defamation over several social media posts they published in 2022 and 2023.
Senator Reynolds indicated that her defamation action would continue.
“I welcome Ms. Higgins’ olive branch and her commitment to engaging with me to find a resolution,” she said.
“What still lies between us is not different perceptions. The fact is that Ms Higgins received our support and there was no cover-up.
‘If Ms Higgins does not accept Judge Lee’s findings on the claims of cover-up and abuse, this will unfortunately have to be proven again at our trial which will take place in July this year.’