Senator Linda Reynolds and her former staffer Brittany Higgins appeared headed for a trial in their defamation battle, but there is now new hope they could 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 three 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 set for July 24.
Senator Reynolds has been suing Higgins and Sharaz for defamation over several social media posts they published in 2022 and 2023, following Higgins’ claims that she was raped in Parliament by her then colleague Bruce Lehrmann.
Senator Linda Reynolds and her former staffer Brittany Higgins appeared headed for trial in their defamation battle.
But during a briefing hearing in Washington Supreme Court last week, Sharaz revealed that he would no longer contest the case because he could not afford it.
‘Despite our best efforts, Linda Reynolds has not agreed to attempts to resolve this matter through mediation and Brittany may now be exposed to another lawsuit. It will be the third,” she said in a statement posted on social media.
‘I cannot afford to pay the legal costs to defend myself during a six-week trial.
‘As a result, I have today informed the court that I will no longer fight Reynolds’ legal action.
‘I now call on Senator Reynolds to resolve her litigation against Brittany, a rape victim, by agreeing to disagree and putting this all behind her.
‘It’s time to move. It’s time to let Brittany recover.
Outside court after the briefing hearing, Senator Reynolds’ lawyer Martin Bennett said if there was going to be a deal it would have happened quickly, but it had not been finalized.
David Sharaz said he could not face the legal fight. Image: NCA NewsWire / Sharon Smith
Federal Court Judge Michael Lee recently ruled that he was satisfied by a civil standard (which is different from the criminal standard) that, considering all probabilities, Ms. Higgins was raped.
That finding came after legal action Lehrmann brought against Network 10 and journalist Lisa Wilkinson over a report on the show The Project in 2021.
Judge Lee also found that a political cover-up involving Senator Reynolds and others was not true, which Senator Reynolds said was a vindication of her.
In his own statement, Higgins said he was sorry for the harm suffered by his former boss and Ms Brown.
“While I do not agree with all of Judge Lee’s conclusions, I respect his observations about the many people scarred and harmed following my rape,” Ms Higgins said.
‘Senator Reynolds and Fiona Brown were also injured and for that I am sorry too. My perceptions and feelings about what happened in the days and weeks after my rape are different than theirs.
‘I deeply regret that we have not yet found common ground. “I hope we can resolve our differences with a better understanding of each other’s experience.”
Senator Reynolds has been suing Higgins and Sharaz for defamation over several social media posts they published in 2022 and 2023.
Senator Reynolds indicated her defamation action would continue.
“I welcome Ms. Higgins’ olive branch and her commitment to working with me to reach a resolution,” he said.
‘What still exists between us are not different perceptions. It is a fact that Mrs Higgins received our support and that there was no cover-up.
“If Ms Higgins does not accept Judge Lee’s conclusions on the allegations of cover-up and ill-treatment, then unfortunately it will have to be proven again at our trial scheduled for July this year.”