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Linda Reynolds’ defamation lawsuit against Brittany Higgins and her fiancé David Sharaz failed to reach a settlement on its first day of mediation, increasing the likelihood they will go to trial.
The Liberal senator had a mediation session with the couple in the WA Supreme Court on Tuesday to try to resolve the disputes.
However, after nine hours of talks, the parties were unable to reach an agreement.
A strategic conference will be held on Wednesday at 2:30 p.m. and a trial that could last up to six weeks is expected to take place in July.
Linda Reynolds left the court with her lawyer Martin Bennett and partner Robert Reid.
“A long day,” he 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 Washington Supreme Court on Tuesday) told media it had been a “long day”.
Brittany Higgins appears in court Tuesday morning wearing a cornflower blue dress, alongside her attorney Leon Zwier.
Ms Higgins donned a cornflower blue ‘Ahana Dress’ with long sleeves and a $1,300 belt, while her fiancé sported a $200 Ralph Lauren silk knit tie and cream jacket as they entered the building prior to Ms Reynolds’ arrival 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 his alleged rape, when she was a member of the then minister’s staff.
However, in court on Tuesday, Ms Higgins said she believes “everyone is acting in good faith”.
The mediation talks dragged on so long that security guards had left and closed the revolving doors when all parties left the courtroom.
The mediation session took place after Judge Marcus Solomon urged the parties to resolve the matter before going to trial, citing the immense costs often associated with defamation proceedings.
Ms Reynolds’ defamation case centers on social media posts made by Ms Higgins and Mr Sharaz.
Linda Reynolds is pictured with Brittany Higgins in Perth in 2019
He claims the posts imply he pressured Ms Higgins not to proceed with a police report about the alleged rape and that he interfered with Bruce Lehrmann’s trial.
Higgins is also accused of violating a non-disparagement clause in a settlement agreement she entered into in 2021 that prevents her from speaking negatively about Reynolds.
Ms Reynolds has also sued Mr Sharaz separately for allegedly defaming her in five social media posts, which were allegedly “falsely defamatory” and caused her “loss and damage”.
The senator is seeking aggravated damages, an injunction to prevent Ms Higgins from publishing allegedly defamatory material and another injunction to prevent her from breaching the settlement agreement.
The senator first threatened legal action in July last year, claiming she has been the subject of “unwarranted criticism and abuse” since Higgins went public with her rape allegations in 2021.
Ms Higgins and Mr Sharaz moved permanently to France at the end of last year, having bought a house near Bordeaux.
They had no plans to return to Australia but were asked to appear in court in Perth on Tuesday and Wednesday.
It comes just months after Reynolds attempted to freeze Higgins’ assets.
More to come.