- An appeal is filed to initiate proceedings to annul the capitalization of the trust
Senator Reynolds has launched fresh legal action against Brittany Higgins over the trust that holds part of the proceeds of her multi-million pound Commonwealth compensation payout.
The Brittany Higgins Protective Trust was created the day after Ms Higgins signed a settlement deed with the Commonwealth.
Ms Higgins was set to receive $2.4m in compensation as part of the settlement after she was allegedly raped by a colleague in Parliament.
The payment was made in relation to future loss of income, medical bills, legal bills and the distress he endured.
The document shows that Ms Higgins stood down as a trustee of the Brittany Higgins Protective Trust on 23 February 2023, and the trust was handed over to Power Blazers Pty Ltd, a company owned by Ms Higgins, her father and her friend Emma Webster.
The document alleges that the transfer was made by Ms. Higgins with the intention of defeating or delaying creditors.
The appeal seeks an order to return the settlement funds to Ms Higgins.
This would allow Senator Reynolds, a potential creditor, to bring a claim against the trust if she is successful in her defamation case against Ms Higgins.
Senator Linda Reynolds has launched new legal action against Brittany Higgins
Britain receives multi-million pound compensation payment from Commonwealth.
Outside court on Thursday, Senator Reynolds’ lawyer, Martin Bennett, told reporters that the motion was filed to begin proceedings to set aside the trust’s capitalisation.
“We are seeking to have the remainder of the $2.4 million returned to Ms. Higgins’ estate should Senator Reynolds be successful in this action,” he said.
‘In this case, it would be possible to recover the debt under the Civil Enforcement and Judgments Act.’
Senator Reynolds is suing Ms Higgins and her husband David Sharaz over a series of social media posts the couple made in 2022 and 2023.
Senator Linda Reynolds’ attorney, Martin Bennett, told reporters that the court order was filed to request that the remainder of Brittany Higgins’ compensation payment be returned to her trust. Photo: NewsWire / Sharon Smith
The posts criticised Senator Reynolds’ handling of Ms Higgins’ allegation that she was raped in Parliament in 2019 by her then colleague, Mr Lehrmann.
He was charged with rape and faced trial in 2022, but the trial was called off due to jury misconduct.
The charge was dropped and Mr. Lehrmann continues to maintain his innocence.
Mr Lehrmann lost a subsequent civil defamation case in April this year when the Federal Court found, based on a preponderance of probabilities, that Mr Lehrmann had raped Ms Higgins in Parliament House.