The ongoing defamation battle between Senator Linda Reynolds and her former staffer Brittany Higgins, as well as her partner David Sharaz, will return to court for a surprise hearing this week.
Senator Reynolds is suing Ms Higgins and Mr Sharaz for defamation over several social media posts they published in 2022 and 2023, following Ms Higgins’ claims that she was raped in Parliament House by her then-colleague Bruce Lehrmann.
Federal Court Justice Michael Lee recently ruled he was convinced to a civil standard — which is different to a criminal standard — that on the balance of probabilities Ms Higgins was raped.
That finding came following legal action Mr Lehrmann brought against Network 10 and journalist Lisa Wilkinson over a report on The Project program in 2021.
Justice Lee also found that a political cover-up involving Senator Reynolds and others was not true, which Senator Reynolds said was vindication of her.
Her claim for damages against Ms Higgins and Ms Sharaz will return to the WA Supreme Court on Tuesday — earlier than expected.
It is not clear why the afternoon directions hearing is being held.
“For three years I have endured intense public scrutiny, vilification, vile trolling and have been demonised as the villain in a story of a political cover-up I have always known to be untrue,” Senator Reynolds said after Justice Lee handed down his judgment.
“Fiona Brown and I have lost our careers, had our reputations destroyed and have had our health seriously and irreparably compromised.”
In her own statement, Ms Higgins said she was sorry for the hurt suffered by her former boss and Ms Brown.
“While I do not agree with all of Justice Lee’s findings, I do respect his observations about the many people scarred and damaged in the aftermath of my rape,” Ms Higgins said.
“All the various people who have been unwittingly wrapped up in years’ worth of media discourse and legal battles in relation to my rape.
“I want to particularly point out my family, who have been such an incredible support.
“They’ve been so strong, faced a seemingly unrelenting barrage of hate and have consistently held me together at times when I thought I would fall apart.
“Senator Reynolds and Fiona Brown have also been hurt and for that, I am also sorry. My perceptions and feelings about what happened in the days and weeks after my rape are different from theirs.
“I deeply regret 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 indicated her defamation action would continue.
“I welcome Ms Higgins’ olive branch and her commitment to engage with me to reach a resolution,” she said.
“What still lies between us are not different perceptions. It is a fact that Ms Higgins received our support and that there was no cover-up.
“If Ms Higgins does not accept Justice Lee’s findings on the claims of cover-up and mistreatment then, regrettably, it will have to be proved again in our trial set for July this year.”
In addition to Tuesday’s hearing, a strategic conference is scheduled for May 24.