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The Linda Reynolds And Brittany Higgins Defamation Court Case, Explained

We breakdown the events leading to the defamation case.
Brittany Higgins and Linda Reynolds defamation case.Getty

Western Australian senator Linda Reynolds is suing her former staffer, Brittany Higgins, for defamation.

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Below, we breakdown everything you need to know about the defamation case and the events leading up to it.

Why Is Linda Reynolds Suing Brittany Higgins and David Sharaz?

In March 2019, Higgins was working for Reynolds—then in the role of Defence Industry Minister—when she was allegedly raped by her colleague, Bruce Lehrmann, in Reynold’s office.

Lehrmann was first charged with sexual assault in 2021 and a recent civil case that found that it was “more likely than not” that Lehrmann raped Higgins.

Since the case went public, Reynolds has been criticised by Higgins and Brittany’s husband, David Sharaz, for the way she handled Higgin’s allegation.

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In 2021, Sharaz shared a a screenshot to Twitter (now X) of a a page on Reynolds’ website titled ‘Empowering Women’ alongside the statement, “There is a very real chance @lindareynoldswa will be called to court this year to answer questions on her involvement in Brittany Higgins feeling pressured by her office not to continue with a complaint to police.”

Reynolds alleges that the post implied Reynolds was a hypocrite. She was alleges that since Higgins replied to the tweet, she was a publisher of the post.

Higgins’ defence has denied these claims and maintains that Reynolds can’t sue over the post because one-year limitation period has expired.

Brittany Higgins defamation case.
(Credit: X)
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On July 20 2023, Higgins posted an Instagram story criticising Reynold’s behaviour throughout the rape trial.

The social post alleged that Reynolds “continues to harass” her through the media and in parliament. It also accuses Reynolds of ‘mishandling the rape allegations’ and ‘defaming’ Higgins in the workplace.

Brittany Higgins and Linda Reynolds defamation case.
(Credit: Instagram)

Higgins then posted a second Instagram story on July 20, where she shared a news story about Reynold’s support of a proposal that would “silence victims” of sexual assault.

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Brittany Higgins defamation case.
(Credit: Instagram)

Reynolds is suing Higgins over these two social media posts, claiming that they damaged her reputation and subjected her to “public hatred, scandal, odium and contempt.”

She is also seeking to prove Higgins and Sharaz “agreed on a common design for the sole or dominant purpose of causing injury to her” in relation to The Project interview and alleged questions being to Labor politicians which targeted her.

Reynolds is asking Higgins to pay for damages and legal costs and also not make any similar statements.

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In April 2024, after Lehrmann’s failed defamation case, Higgins released a statement where she apologised to Linda Reynolds

“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.”

“It has been five years of criminal and civil trials and government inquiries for the truth to finally be heard.”

Reynolds still wants to continue with the the legal battle to “clear my name.”

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The Defamation Trial

After multiple failed attempts to settle outside of the courtroom, the case is now taking place before the Western Australian Supreme Court.

Higgins is defending the claim on the grounds that her social media posts were truthful. She’s also seeking to defend the claim on qualified privilege, which relates to publications of public interests where the defendant has acted reasonably and fair comment.

Sharaz will not be defending a separate defamation claim brought by Reynolds.

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