It was hoped this week that a lawsuit involving Senator Linda Reynolds against her former aide Brittany Higgins and her fiancé David Sharaz would resolve their defamation dispute.
But after a private marathon session that lasted several hours on Tuesday, there was still no outcome in the case.
Mr Sharaz and Ms Higgins were forced to return to Australia from their new lives in France to meet Senator Reynolds in person, but the outgoing politician reportedly chose to sit in a separate room during the mediation talks.
Brittany Higgins was forced to return to Australia from France for mediation. Photo: NCA NewsWire / Sharon Smith
Ms Higgins arrived at the WA Supreme Court on Tuesday morning in a positive mood, ready to fight her way through the media battle and face her ex-boss for the forced mediation.
Ms Higgins wore a $1,300 cornflower blue Ahana button-down dress by London designer Beulah – whose slogan is “fighting slavery through fashion” – and exchanged pleasantries with the media.
The dress was the same one Princess Kate wore when the royal family opened the Young V&A Museum of Childhood in London last year, except the princess wore a pale pink version.
Next to Ms. Higgins was Mr. Sharaz, who was equally well-dressed in luxury fashion, including a pale blue shirt and cream-colored blazer, accessorized with a $200 Ralph Lauren silk knit tie.
David Sharaz wore a $200 Ralph Lauren silk knit tie. Photo: NCA NewsWire / Sharon Smith
Ms. Higgins said she believed everyone was eager to resolve matters in good faith, but that she had mixed feelings about her return to Washington.
It was Ms Higgins’ first visit to Perth since working in the state in the run-up to the 2019 federal election – shortly after she alleged she was raped by fellow Canberra staffer Bruce Lehrmann in Senator Reynolds’ office – an allegation which Mr Lehrmann strongly denies.
“It’s a difficult place to return to,” Ms. Higgins told reporters.
“It’s beautiful, but personally it’s hard to be back in Perth.
“I think everyone is acting in good faith and trying to get a result.”
While that may have been true, the day didn’t exactly go according to plan.
Both parties were locked down from about 10am until almost 7pm – not even leaving the building for lunch, which was brought to them instead.
By the time the parties finally emerged in the evening, the building had long been closed and the security staff had been evacuated.
Linda Reynolds walked hand in hand with her husband. Photo: NCA NewsWire / Sharon Smith
Ms Higgins and Mr Sharaz made no comment to the waiting media.
Meanwhile, Senator Reynolds – who was accompanied by her husband Robert Reid, holding hands when they arrived in the morning – spoke only briefly at the end of the long day.
Senator Reynolds told the waiting media that talks were “ongoing.”
“It’s still ongoing, so it’s not appropriate for me to comment on it anymore,” she said.
Senator Reynolds launched legal proceedings against Ms Higgins, claiming her ex-employee defamed her in two social media posts in July last year, breaching a non-disparagement clause in a deed of settlement they signed in March 2021 .
Their dispute stems from allegations made by Ms Higgins that she raped Mr Lehrmann.
A trial against Mr Lehrmann was abandoned after juror misconduct, after which a retrial was halted due to fears for Ms Higgins’ mental health, leading to charges being dropped.
Mr Lehrmann has always strongly denied Ms Higgins’ claim.
Ms Higgins said she had mixed feelings about returning to WA. Photo: NCA NewsWire / Sharon Smith
In a post on social media, Ms Higgins said Senator Reynolds “continued to harass me through the media and in parliament.”
Senator Reynolds claims she has suffered harm as a result of the messages.
The senator also initiated legal action against Mr Sharaz, claiming he defamed her in five social media posts in December 2022 and January 2023.
Among the defamatory allegations against Mr Sharaz’s posts were that Senator Reynolds pressured Ms Higgins not to file a police complaint, is “a hypocrite in her advocacy for the interests and empowerment of women”, and interfered with Mr Lehrmann’s trial.
Judge Marcus Solomon, who has repeatedly called for the two cases to be heard through mediation rather than trial, mediated the case Tuesday along with clerk Danielle Davies.
Judge Solomon warned in an earlier hearing that the “human cost of litigation” was high.
Senator Reynolds claims she has suffered harm as a result of the social media posts. Photo: NCA NewsWire / Sharon Smith
The parties were due to face each other in the WA Supreme Court for a second consecutive day on Wednesday – this time for a strategic conference, which would have been open to the media – but a court spokeswoman confirmed the case had been dropped.
No future court dates were initially listed, prompting speculation that a trial seemed more likely.
But late Wednesday, a court spokeswoman confirmed that the mediation process had been postponed and would be rescheduled.
Mediation will resume “in due course” and the matter is proposed to be referred to a hearing within weeks, the spokeswoman said.
Senator Reynolds, who was awarded $90,000 by the ACT government in a separate action last Monday, has also secured an undisclosed legal settlement from HarperCollins over Aaron Patrick’s book Ego.