Here’s why Linda Reynolds and Brittany Higgins are in a defamation court case

WA Senator Linda Reynolds is suing her former staffer Brittany Higgins for defamation in a WA court.

Higgins was working for Reynolds when she alleged she was raped by her then-colleague, Bruce Lehrmann. A recent civil case found that on the balance of probabilities, Lehrmann raped Higgins.

Now, Reynolds is claiming Higgins damaged her reputation through a series of social media posts about mishandling the rape allegations, failing to support her, harassing her, and wanting to “silence victims of sexual assault”.

Higgins is defending the claim partly on the grounds that her social media posts were truthful.

Background

In 2021, Brittany Higgins publicly alleged she had been raped by a then-unnamed coworker in Parliament House. A criminal trial failed due to juror misconduct. A re-trial was abandoned.

Lehrmann later launched a defamation case in the Federal Court claiming he was identifiable in the initial coverage of Higgins’ allegation.

The judge in this civil case found it was “more likely than not” that Lehrmann raped Higgins. Lehrmann has lodged an appeal.

Linda Reynolds

Higgins and Lehrmann worked for Reynolds, then the Defence Industry Minister, when Higgins alleges the rape occurred.

After going public, Higgins criticised Reynolds’ handling of the matter via a number of social media posts.

In these posts, Higgins alleged that Reynolds “continues to harass” her through the media. Sharing an article about Reynolds, Higgins also claimed: “Instead of solving the problem, there are people who would prefer to just silence victims.”

Defamation

Reynolds has since sued Higgins for defamation over these social media posts.

She is arguing the posts falsely suggested she harassed Higgins, mishandled the rape allegations and wants to silence victims of sexual assault

Reynolds said Higgins’ posts subjected her to “public hatred, scandal, odium and contempt”.

She is asking for Higgins to pay her damages and legal costs, and stop making any similar statements.

Trial

The defamation trial is now before the WA Supreme Court after failed attempts to settle out of court.

After Lehrmann’s failed defamation case in April, Higgins issued a statement apologising to Linda Reynolds.

“I hope we can resolve our differences with a better understanding of each other’s experience,” Higgins said.

However, Reynolds said she was continuing with the legal challenge to “clear my name”.

Higgins defence

Higgins’ lawyers are partly relying on the truth defence.

The defence requires the lawyers to prove Higgins’ comments were substantially true — including that Reynolds had failed to provide adequate support and had harassed her.

One of Higgins’ lawyers has told the court the defamation proceedings are “re-traumatising” her.

What next?

Hearings are scheduled until next month.

Several high-profile witnesses are expected to appear in court to give evidence, including Liberal Senator Michaelia Cash (with whom Higgins worked after Reynolds) and former Prime Minister Scott Morrison.

Higgins is due to give evidence in court next week.