Key Takeaways
- A former senator’s act of kindness towards Brittany Higgins has backfired, with a bankruptcy case aimed at discovering where Higgins’ $2.4 million compensation payout went being delayed further.
- Ex-Liberal MP Linda Reynolds successfully sued Higgins over a series of social media posts, and was awarded damages of $315,000 plus $26,109 interest.
- Higgins was also ordered to pay 80% of Reynolds’ legal costs, estimated to be over $1 million.
- Reynolds has launched bankruptcy proceedings against Higgins to recoup the costs awarded in her defamation win.
- The case has raised questions about the handling of Higgins’ compensation payout and the impact of the bankruptcy proceedings on her mental health.
Introduction to the Case
The case of Brittany Higgins and Linda Reynolds has taken a new turn, with a bankruptcy case aimed at discovering where Higgins’ $2.4 million compensation payout went being delayed further. The case began when Reynolds, a former Liberal MP, sued Higgins over a series of social media posts that she believed damaged her reputation. The Western Australia Supreme Court found that some of the posts were defamatory, and Reynolds was awarded damages of $315,000 plus $26,109 interest. Higgins was also ordered to pay 80% of Reynolds’ legal costs, which are estimated to be over $1 million.
The Bankruptcy Proceedings
Reynolds has launched bankruptcy proceedings against Higgins to recoup the costs awarded in her defamation win. The proceedings were launched in October, and a federal court judge has reserved his decision on whether to accept Reynolds’ creditors petition to formally bankrupt Higgins. The case has been delayed due to an unusual move by Reynolds, who served the bankruptcy documents to Higgins’ lawyer rather than serving her personally. Reynolds’ lawyer, Martin Bennett, explained that this was done out of respect for Higgins’ mental health and fragility. Bennett stated that Higgins had instructed her lawyer to accept the documents and was not fighting the proceedings.
The Implications of the Case
The case has raised questions about the handling of Higgins’ compensation payout and the impact of the bankruptcy proceedings on her mental health. If Reynolds’ application is accepted, her legal team could find out how much money Higgins has within months. Bennett has stated that the next steps in the proceedings would involve getting behind the trust and discovering how much of the $2.4 million compensation payout has been spent or dealt with. The case has also highlighted the complexities of defamation law and the potential consequences of making false or misleading statements on social media.
The Background to the Case
The case against Higgins was sparked by a series of social media posts that she made about Reynolds, which were found to be defamatory. The posts included allegations that Reynolds had engaged in a campaign of harassment against Higgins, mishandled her rape allegation, and engaged in questionable conduct during Bruce Lehrmann’s aborted criminal trial for rape. Justice Paul Tottle found that Higgins’ social media posts carried an array of imputations, and made factual findings about the events involving Reynolds and Higgins, including her alleged 2019 rape and the events in the years after it. Higgins made 26 false or misleading statements in media interviews after her alleged sexual assault, according to the judgment.
The Consequences for Higgins and Her Husband
The case has had significant consequences for Higgins and her husband, David Sharaz. Sharaz was also served with a bankruptcy notice by Reynolds and is expected to declare bankruptcy. He was found to have defamed the former politician and was ordered to pay $85,000 in damages plus interest and costs. Higgins has apologized to Reynolds after the former defense minister emerged victorious from the duo’s high-profile five-week defamation trial. The case has also raised questions about the support available to Higgins and other survivors of sexual assault, with readers seeking support able to contact Lifeline or the National Sexual Assault, Domestic and Family Violence Counselling Service.
The Ongoing Legal Battle
The case is ongoing, with Lehrmann having lost an appeal against the finding that he raped Higgins on the balance of probabilities. He has flagged taking the case to the High Court and denies the rape allegation. The criminal trial was derailed by juror misconduct. The case has highlighted the complexities of the legal system and the challenges faced by survivors of sexual assault in seeking justice. The outcome of the bankruptcy proceedings and the ongoing legal battle will be closely watched, and will have significant implications for Higgins, Reynolds, and the broader community.