Former Prime Minister Scott Morrison is expected to be called as a witness for Senator Linda Reynolds as she fights to clear her name in a looming defamation trial against former aide Brittany Higgins.
The case returned to the WA Supreme Court on Tuesday for a directions hearing to try to set a trial start date and timetable, but lawyers disagreed.
The senator’s legal team wanted the trial date to go ahead as scheduled on July 24 so they could subpoena witnesses, expected to include former Prime Minister Scott Morrison and Senator Michaelia Cash.
But lawyers representing Ms Higgins asked for the date to be postponed by a week so that her new Perth lawyer, led by Rachel Young SC, could be informed.
WA Liberal Senator Linda Reynolds outside the David Malcolm Justice Center with lawyer Martin Bennett. Photo: NewsWire / Sharon Smith
Brittany Higgins outside the David Malcolm Justice Center in Perth earlier this year. Photo: NCA NewsWire / Sharon Smith
Outside court, Ms. Reynolds told reporters she wanted to see justice for the “many people whose lives were destroyed” in the fallout from Ms. Higgins’ claim that she was raped by former colleague Bruce Lehrmann in the senator’s office, an allegation which he has denied.
The senator is suing Ms. Higgins and her newlywed husband David Sharaz over social media posts the couple made that the senator says defamed her.
In the Federal Court earlier this year, Judge Michael Lee ruled that he was satisfied on a civil standard – which is different from a criminal standard – that Ms Higgins had been raped on the balance of probabilities.
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.
Mr Lehrmann is appealing against the decision.
Judge Lee also found that claims of a political cover-up involving Senator Reynolds and others were untrue, a finding that Senator Reynolds had previously said had proven her right.
Outside court on Tuesday, the senator told reporters she had always hoped she and Ms Higgins could reach a settlement before the case went to trial.
‘So we’re going to court because it’s way too important. I finally have to clear my name. It’s been over three years and so many people have been so damaged by this,” the senator said.
‘Judge Lee was very clear in terms of the fact that there was never any political conspiracy, that Ms Higgins was looked after by me, and in particular by my Chief of Staff Fiona Brown.
“It’s time for the people who perpetuated this claim to agree they were wrong and apologize so we can all move on.
“There was simply never any political conspiracy and there were certainly allegations of assault, as the evidence in the Lee trial absolutely demonstrated.”
In May, a judgment was handed down in the case involving Mr Sharaz, after he consented to the court but asked for an assessment of damages in relation to the senator’s claim against him after the trial with Mrs. Higgins.
His lawyer Jason MacLaurin told the court his client wanted little to do with the case.
Judge Paul Tottle ordered Mr Sharaz to be restrained from posting messages on social media such as those that would have damaged Senator Reynolds’ reputation.
The case was adjourned to a date to be determined next week.