Outgoing Senator Linda Reynolds sues Commonwealth, law firm over Brittany Higgins’ $2.4m settlement

Linda Reynolds is suing the Federal Government over the $2.4 million settlement it handed former staffer Brittany Higgins over the handling of her alleged rape at Parliament House.

The outgoing Senator’s legal action is also against law firm HWL Ebsworth, which the Commonwealth engaged to handle the claim.

Senator Reynolds’ lawyer Martin Bennett confirmed to The West Australian on Friday that the writ was filed in the Federal Court late on Thursday but sealed copies had not yet been issued to the respondents.

It’s the latest in a string of legal cases that have erupted since Ms Higgins claimed she was sexually assaulted in the early hours of March 23, 2019 by then-colleague Bruce Lehrmann in Senator Reynolds’ parliamentary office after they had been out drinking.

Mr Lehrmann faced trial over the accusation but it was aborted in October 2022 due to juror misconduct.

Less than two months later, Ms Higgins won her damages claim against the Commonwealth — a process Senator Reynolds has long complained bitterly she was completely excluded from, saying it prevented her from defending herself with her own legal counsel.

She said in a statement on Friday that it was “egregious” conduct, labelling Attorney General Mark Dreyfus and his ministers “hopelessly conflicted” as “staunch public supporters of Ms Higgins”.

“It is impossible to reconcile how they considered they could act in my best interests and advocate for me in those circumstances,” Senator Reynolds said.

“They either ought have allowed me my own independent legal representation or refused to settle the claim in so far as it related to allegations concerning my conduct.

“Their conduct was a serious breach of the duties owed to me.”

She went on to say Ms Higgins’ allegations about her “were entirely defensible”.

“That settlement validated the sustained defamation and fuelled further defamation which I have been forced to defend and prosecute, at great personal and financial cost,” she said.

The Liberal MP is awaiting WA Supreme Court Justice Paul Tottle’s reserved decision in her defamation action against Ms Higgins and husband David Sharaz over social media posts the pair made in 2022 and 2023 that she argued painted her as a villain.

Mr Dreyfus has repeatedly insisted the Federal Government followed proper process in settling the claim and his office declined to comment.

A spokesman for HWL Ebsworth also declined to comment.

Senator Reynolds told reporters on the sidelines the defamation trial last year that she had referred the settlement to the National Anti-Corruption Commission.

Mr Lehrmann brought his own defamation case against Network Ten and journalist Lisa Wilkinson over a story about the allegations on The Project.

But Federal Court Justice Michael Lee determined in April last year, that on the balance of probabilities, he had raped Ms Higgins. Mr Lehrmann lost the case but has launched an appeal.

However, the judge also concluded that Ms Higgins’ other claim aired in the story on The Project — that Senator Reynolds, her chief of staff Fiona Brown, Senator Michaelia Cash and others sought to cover up the sexual assault allegation — was not true.

The claim they pressured Ms Higgins to keep quiet about it in order to keep her job and iced her out, bullied or intimidated her after she came forward was deemed by Justice Lee to be “objectively short on facts but long on speculation and internal inconsistencies”.

Not even Justice Lee’s findings had prompted an apology from the Commonwealth, Senator Reynolds said in her statement on Friday.

“And I have now been forced yet again to seek justice and accountability through legal proceedings,” Senator Reynolds said.

“I will continue to advocate for reform to prevent such appalling breaches and material conflicts in Parliament.”

The charge against Mr Lehrmann was ultimately dropped and he is appealing Justice Lee’s decision, continuing to maintain his innocence.

Senator Reynolds is retiring from politics after the May 3 federal election.

Sexual Assault Resource Centre 1800 199 888