Former defence minister Linda Reynolds has won her defamation lawsuit against ex-staffer Brittany Higgins in the WA Supreme Court, with Justice Paul Tottle awarding $315,000 in damages plus $26,109.25 interest for two defamatory publications on social media. One later post was found defamatory but protected by defences, so no damages were ordered for that publication.
Justice Tottle found that Higgins defamed Reynolds in:
- a 27 January 2022 tweet (with imputations including that Reynolds pressured Higgins not to pursue a genuine sexual-assault complaint, and hypocrisy on gender equality), and
- a 4 July 2023 Instagram story (including imputations of harassment and mishandling).
Damages of $135,000 and $180,000 were awarded, respectively, plus interest. - A separate 20 July 2023 series of tweets was found defamatory but successfully defended as honest opinion, fair comment and qualified privilege, so no damages were ordered on that publication. The court declined to grant an injunction.
Key numbers
- General damages: $315,000
- Interest: $26,109.25
- Total award: $341,109.25 (before costs)
The judgment also found one statement in the 4 July 2023 Instagram story breached a non-disparagement clause in Higgins’ 2022 settlement deed with the Commonwealth, but the court was not persuaded to muzzle future comment. Costs are to be determined; Reynolds is entitled to seek them.
Reynolds said the decision vindicated her, arguing the case was about false allegations of a political cover-up rather than the sexual-assault allegation itself. Higgins said she was grateful the matter had concluded, expressed sorrow for Reynolds’ hurt, and said she hoped to move forward.
The civil case followed Higgins’ public statements in 2021 and subsequent litigation involving former Liberal staffer Bruce Lehrmann. In 2024, Justice Michael Lee found, on the balance of probabilities, that Lehrmann raped Higgins in 2019 during Lehrmann’s defamation case against Network 10 and Lisa Wilkinson; Lehrmann denies the allegation and has appealed. The criminal trial in the ACT was aborted, and no retrial proceeded.
What happens next
- Appeal: Higgins may appeal aspects of today’s ruling. (No notice has been filed at the time of writing.)
- Costs: A separate hearing will address costs; media reporting anticipates significant liabilities on both sides.
- Separate action: Reynolds is also suing the Commonwealth and law firm HWL Ebsworth over the handling of Higgins’ 2022 compensation; a case-management hearing is listed for October 8.
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