Reynolds enters mediation with Commonwealth over Higgins settlement, eyes #MeToo doco for potential action

Linda Reynolds’ lawyers have flagged potential further legal action over a #MeToo documentary featuring Brittany Higgins, after calling a ceasefire in her lawsuit against the Commonwealth. The former Liberal Senator launched Federal Court proceedings against her ex-employer last year after it clinched a $2.4 million settlement with Ms Higgins, following a one-day mediation. Ms Higgins was paid the sum in 2022 after claiming Ms Reynolds mishandled her allegation she was raped by colleague Bruce Lehrmann at Parliament House in Canberra in 2019. Both worked for Ms Reynolds as media advisers and wound up in her suite after a night out drinking. The now ex-politician argues that after the Commonwealth elected to take over her defence, she was sidelined and excluded from participating in the mediation, and could have defended the allegations. She was successful in her separate, blockbuster defamation case against Ms Higgins and her husband David Sharaz in the Supreme Court of WA over a series of social media posts around the mishandling claims. But at a case management conference on Tuesday, Ms Reynolds called for peace talks with the Commonwealth and HWL Ebsworth, the legal firm it engaged to handle the claim. The defendants did not oppose her application and the parties will now enter talks. “Linda Reynolds is very pleased that the courts listed a mediation that this time she’s allowed to attend,” her lawyer Martin Bennett told reporters outside. Mr Bennett said his client was “still determined to deal with what’s happened” after the couple’s claims ended her career as an MP and took a massive toll on her health. This included carefully examining the documentary Silence, which lists Ms Higgins as its top drawcard behind Amber Heard. Mr Bennett said it had “the most prominent potential” for future action. Directed by Sydney-based Selina Miles, it is promoted as taking audiences “into the courtroom and behind the headlines to reveal how the legal system is being used to discredit, re-victimize and financially ruin survivors”. “You would have seen it promoted on the basis of the weaponization of defamation actions to shut down legitimate complaint of victims,” Mr Bennett said. “That’s so inappropriate to then Senator Reynolds’ action against Ms Higgins as to be extraordinary.” He said Ms Higgins and Mr Sharaz were flown to the premiere in the US. “That was screened in Salt Lake City, that hasn’t yet been released in Australia, but was funded by federal government funding,” Mr Bennett said. “We’re waiting to see that and the transcript. . . That’s one we’ll watch very closely.” He said he and Ms Reynolds looked forward to “hopefully good faith, frank discussions” with the Commonwealth. “There’s no reason to think the Commonwealth - as a model citizen - wouldn’t attend in good faith, but one doesn’t know. “We understand the nature of their defence, that they don’t owe a duty to anyone other than themselves.” In a statement, Ms Reynolds said she had always wanted to resolve the matter without “another high-profile expensive trial”. “However, whether or not the other parties have the same intention remains to be seen so I will continue to prepare for a trial,” she said. “The Commonwealth and HWL may continue to hide behind what they alleged the Parliamentary Business Regulations permit them to do. “But whether or not the conduct was in fact ethical, or the discretion properly exercised in circumstances where they had placed themselves in an untenable conflict is yet to be determined.” Mr Lehrmann continues to maintain his innocence after his 2022 rape trial was aborted due to juror misconduct and the charge was then dropped. 1800 RESPECT Sexual Assault Resource Centre 1800 199 888