Senator Linda Reynolds has filed another lawsuit against Brittany Higgins and the company that oversees the trust fund protecting the former political employee’s multimillion-dollar payout.
In December 2021, Ms Higgins was awarded a $2.4 million Commonwealth compensation payment for pain and suffering, loss of earnings, medical expenses and legal fees following her alleged rape in Parliament House.
According to an appeal to the Supreme Court of Western Australia by Senator Reynolds’ legal team, Power Blazers Pty Ltd acts as trustee of the Brittany Higgins Protective Trust.
The company was appointed to the role after Ms Higgins retired as a trustee in February 2022 and her father and a friend are understood to be directors.
Senator Reynolds claims the trust was set up “with the intent to defeat or delay” Ms Higgins’ creditors, of which she is one.
The senator wants the court to void the trust and for the money, believed to be a significant portion of the $2.4 million payout, to be transferred back into Ms Higgins’ control ahead of a trial in her ongoing defamation battle against her former employee.
“(We are seeking) that the remainder of the $2.4 million be returned to Ms Higgins’ estate should Senator Reynolds be successful in this action; it would be available under the Civil Judgments Enforcement Act to recover it,” the senator’s lawyer, Martin Bennett, told reporters outside court in reference to her claim for aggravated damages.
The new lawsuit comes as a defamation trial over a series of social media posts that Senator Reynolds believes damaged her reputation nears its conclusion.
Brittany Higgins (pictured) received a $2.4 million settlement following her alleged rape.
Martin Bennett (centre) claims Higgins defamed Linda Reynolds (left) in social media posts
On Thursday, Mr. Bennett was denied a late request in court to call to testify the psychiatrist who wrote a report used to help determine the federal government’s $2.4 million payment to Ms. Higgins.
Mr Bennett told the court that a documentary subpoena had revealed that Dr Julio Clavijo wrote two reports in early 2022 about Ms Higgins on the same day that were significantly different.
The Perth court heard evidence from the doctor and details about his communication with Ms Higgins’ lawyers at the time were relevant to one of the former employee’s Instagram posts.
The senator believes a post from July 4, 2023, contains allegations that she engaged in a campaign of harassment toward Ms. Higgins.
Ms Higgins’ defence to the defamation suit over that post is truthful and points to the senator’s public statements questioning her compensation agreement with the Commonwealth.
The lawsuit seeks to access payment from the Commonwealth if Senator Reynolds (pictured) wins the case.
This includes comments by Senator Reynolds that the payment and the circumstances leading to the settlement should be referred to the National Anti-Corruption Commission.
The senator has said her concerns are serious and reasonable, including that she was not shown Ms Higgins’ allegations against her before the settlement and that she had a right to question them.
But Judge Paul Tottle said any evidence the doctor could provide would be too far removed from the issue of harassment to help him make his judgment.
“Whether (Senator Reynolds) engaged in a campaign of harassment towards (Ms. Higgins) will be resolved based on what (the senator) did,” he said.
Mr Bennett requested permission to forward the reports to the National Anti-Corruption Commission.
That matter will be decided in the coming weeks.
