Senator Linda Reynolds and her former staffer Brittany Higgins appeared to be heading for a trial in their defamation battle, but now there is new hope they may be able to reach a settlement.
Western Australia’s Supreme Court has listed a mediation conference for May 21 between Ms Reynolds, Ms Higgins and her fiance David Sharaz.
It is not yet known whether the trio will have to appear in person for the mediation talks.
The case still has a strategic conference planned for this Friday, as well as May 24, and trial dates listed from July 24.
Senator Reynolds has been suing Ms Higgins and Mr Sharaz for defamation over several social media posts they published in 2022 and 2023, following Ms Higgins’ claims she was raped in Parliament House by her then-colleague Bruce Lehrmann.
But during a directions hearing in the WA Supreme Court last week, Mr Sharaz revealed he would no longer contest the case because he could not afford it.
“Despite our best efforts, Linda Reynolds has not accepted attempts to resolve this matter through mediation and Brittany may now be exposed to another trial. It will be her third,” he said in a statement posted to social media.
“I cannot afford to pay legal costs to defend myself over a six-week trial.
“As a result, I have today informed the court that I will not fight Reynolds’ legal action anymore.
“I now appeal for Senator Reynolds to settle her litigation against Brittany, a rape victim, by agreeing to disagree and putting all of this behind them.
“It’s time to move on. It’s time to let Brittany heal.”
Outside court following that directions hearing, Senator Reynolds’ barrister Martin Bennett said if there was going to be a settlement it would have happened quickly but it had not eventuated.
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 a political cover-up involving Senator Reynolds and others was not true, which Senator Reynolds said was vindication of her.
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.
“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.”