Linda Reynolds secures $315,000 payout in Brittany Higgins defamation ruling

Former defence minister Linda Reynolds has won her high-profile court battle against Brittany Higgins and been awarded more than $300,000 in damages after Supreme Court Justice Paul Tottle found social media posts by the former staffer were defamatory.

In a landmark ruling that will vindicate former cabinet minister Reynolds’ defence of her handling of Higgins’ rape claim in 2019 – and that of her former chief of staff Fiona Brown – Tottle found Higgins had defamed Reynolds in three online posts and awarded her $315,000 in damages and $26,109.25 interest. Higgins did not appear but was represented by her lawyers.

Outside the court, Reynolds said: “There was no political cover-up of rape. It is a great relief that my reputation has been finally and fully vindicated.”

“However, it is disappointing that it took four and a half years, multiple court actions and millions of dollars.”

While some elements of Reynolds’ case failed, including claims of a conspiracy between Higgins and her husband and co-defendant David Sharaz, the decision leaves the former senator legally vindicated after years of reputational damage.

For Higgins, the judgment was damning. Tottle found the former Liberal staffer made 26 false or misleading statements in media interviews about the details of her alleged rape in 2019 and the aftermath, including about having met with police, not being offered in-person counselling and that she was, in fact, given the option to work from the Gold Coast during the 2019 election campaign.

The justice wrote that “in her [Higgins’] concern to lend credibility to the allegation of a cover-up, the defendant demonstrated such an indifference to the truth that her account of the essential elements of the allegation can only be regarded as dishonest”.

Tottle found that a July 2023 Instagram story posted by Higgins carried three defamatory imputations: that Reynolds was harassing Higgins, had mishandled her rape complaint and had behaved improperly during the criminal trial of Bruce Lehrmann.

None of Higgins’ defences – truth, public interest, or qualified privilege – succeeded. Reynolds was awarded $180,000, including aggravated damages.

The judge also held Higgins responsible as a “publisher” of a January 2022 tweet originally posted by Sharaz.

That tweet, juxtaposing Reynolds’ public statements on empowering women with suggestions she pressured Higgins not to go to police, was found to convey imputations that Reynolds undermined a genuine complaint and was a hypocrite.

Again, no defence succeeded and Reynolds was awarded $135,000, including aggravated damages.

A third set of posts on July 20, 2023, in which Higgins criticised Reynolds’ legal tactics were found to be protected by honest opinion and qualified privilege in political debate.

Tottle also declared Higgins had breached a 2021 settlement deed, which was struck after Reynolds privately called her a “lying cow”, by posting disparaging remarks. But he refused to grant Reynolds a permanent injunction restraining future commentary.

A separate claim of conspiracy by Higgins and Sharaz was rejected.

Reynolds left court vindicated on the most damaging allegations, while Higgins now faces a significant damages bill.

Reynolds said outside court she would not go back to parliament, but looked forward to exploring future opportunities now the case was behind her.

“This has been an incredibly emotionally and financially taxing journey, but I never gave up on the truth and on seeking justice,” she said.

The former minister claimed the “gross politicisation of this matter by Labor allowed Ms Higgins to procure a multimillion-dollar settlement”.

“I’m not expecting an apology from the Labor government for their role … however, I do call on the Labor government, on the Australian government solicitors and HWL Ebsworth to carefully review Justice Tottle’s findings.”

Contacted about the judgment, the offices of Finance Minister Katy Gallagher and Attorney-General Michelle Rowland both declined to comment, citing an ongoing separate legal matter against the federal government.

Reynolds has a separate case still under way in the Federal Court against the Commonwealth and the law firm that acted on its behalf, HWL Ebsworth, over the $2.4 million payment made to Higgins in 2022.

That settlement payment was agreed after just one day of mediation, after the Commonwealth had effectively taken over Reynolds’ defence, did not allow Reynolds to attend the mediation, and agreed to pay out Higgins.

The case brought by Reynolds against Higgins arose after the alleged 2019 rape of Higgins in Reynolds’ office by Lehrmann and the political firestorm that followed her going public in 2021. It was shaped as a consequential defamation ruling where the line between protecting reputations and the rights of survivors to speak out was tested.

Higgins released a statement following the judgment on Wednesday, saying she was thankful the matter had come to an end.

“I was 24 years old when I was sexually assaulted in Parliament House,” she said.

“Six years have passed – years marked by challenge, scrutiny, and change. I accept that Linda Reynolds’ feelings were hurt by these events, and I am sorry for that. I wish her well for the future.”

“Thank you to the Australian public for their compassion and understanding throughout this journey.

“My family and I now look forward to healing and rebuilding our lives.”