Categories: Politics & Law

Brittany Higgins Takes on Bankruptcy Action in Reynolds Defamation Fallout

Brittany Higgins Takes on Bankruptcy Action in Reynolds Defamation Fallout

Overview: A New Chapter in a Defamation Saga

The legal wrangle between former Liberal senator Linda Reynolds and Brittany Higgins continues to evolve, with Reynolds launching bankruptcy proceedings to recover costs awarded following Higgins’s defamation victory. The move comes after Higgins was found liable for defamatory social media posts in a Western Australian Supreme Court judgment handed down in August, which awarded Reynolds 315,000 Australian dollars in damages plus interest and indicated Higgins should pay the majority of Reynolds’s legal costs.

The Court’s Findings and Higgins’s Response

Justice Paul Tottle found Higgins’ January 2022 tweets and related statements defamatory, alleging Reynolds pressured Higgins not to pursue a rape allegation and accusing the senator of hypocritical conduct regarding gender equality advocacy. The 360-page judgment additionally addressed broader factual disputes surrounding Higgins’s 2019 rape allegation and other statements Higgins made in media interviews. Higgins has indicated she will appeal aspects of the ruling, including the damages and the costs orders, while also challenging a finding that she breached a 2021 deed of settlement by stating she was a “defamation victim” in an Instagram post.

Defamation Award and Costs

Under the August judgment, Higgins faces a damages bill of 315,000 Australian dollars plus interest of 26,109 Australian dollars. The court also awarded Reynolds a substantial, yet-to-be-determined portion of Reynolds’s legal costs, with Higgins ordered to cover 80 percent of those costs. Higgins has signaled an appeal, seeking to overturn or reduce both the damages and the cost allocation while disputing the breach finding tied to the deed of settlement.

Bankruptcy Petition: Reynolds Takes a New Step

In a statement, Reynolds confirmed she filed a creditor’s petition in the Federal Court against Higgins, asserting that Higgins failed to comply with a bankruptcy notice issued weeks earlier. Federal Court records show Reynolds also initiated bankruptcy proceedings against Higgins’s husband, David Sharaz. Reynolds described the move as unfortunate but necessary to bring the long-running dispute toward resolution.

What This Means for Higgins

The bankruptcy action adds a new layer to a case already marked by high-profile courtroom battles and public scrutiny of social media conduct and accountability. Higgins has apologized for the defamation outcome, a gesture she offered after the defamation trial concluded in September 2024. The unresolved appeals and the newly filed bankruptcy petition likely prolong the saga, affecting Higgins’s finances and any potential settlements or negotiations tied to the case.

<h2 Broader Context: The Lehrmann Case and Implications

The proceedings touch on a broader landscape surrounding allegations of sexual assault and the complex legal processes that follow. Related judicial actions include a separate Federal Court finding in a defamation case involving Lehrmann and Network Ten, where a court ruled, on balance of probabilities, that Higgins was raped by a colleague in a government office. Lehrmann has since appealed that finding. These intertwined cases underscore ongoing debates about truth, reputation, and accountability in Australian public life.

Support Resources

For individuals affected by sexual violence, support services are available. In Australia, the National Sexual Assault, Domestic and Family Violence Counseling Service operates at 1800 RESPECT (1800 737 732).

What’s Next

With bankruptcy petitions in play and ongoing appeals looming, the Higgins-Reynolds dispute is far from settled. The Federal Court will determine whether Higgins’s bankruptcy filings meet the necessary criteria, potentially affecting any future resolutions, settlements, or allocations of Reynolds’s costs and damages.