Rekindled Legal Standoff: Reynolds vs. Higgins Goes Bankrupt
The legal saga between former Liberal senator Linda Reynolds and Brittany Higgins has moved into a new phase, with Reynolds initiating bankruptcy proceedings against Higgins as a means to recover damages awarded in a defamation case. The Western Australian Supreme Court ruling in August found Higgins’s social media posts defamatory, setting a damages bill of 315,000 Australian dollars plus interest and leaving Higgins facing a potentially hefty bill for Reynolds’s legal costs.
The Core Defamation Judgment
Justice Paul Tottle concluded that Higgins’s January 2022 tweets and related posts implied that Reynolds engaged in a campaign to pressure Higgins not to pursue a sexual assault complaint. The judge also found that Higgins mischaracterized Reynolds’s conduct, labeling Reynolds a hypocrite in public advocacy for gender equality and female empowerment.
The 360-page judgment detailed factual findings around events in 2019, including revelations about Higgins’s alleged experiences and statements made in media interviews. While Higgins has argued aspects of the decision, the court upheld the central finding of defamation and awarded Reynolds damages and a portion of her anticipated legal costs. The ruling also addressed a 2021 deed of settlement between Higgins and Reynolds, with Higgins contesting the finding that she breached the agreement by describing herself as a “defamation victim” in a social post.
Bankruptcy as a Collecting Mechanism
On the heels of the defamation verdict, Reynolds confirmed that a creditor’s petition has been filed in the Federal Court to pursue Higgins’s debts through bankruptcy. The petition, filed after a bankruptcy notice was issued weeks earlier, indicates Reynolds’s intention to recoup a substantial portion of the awarded damages and costs despite Higgins’s ongoing appeal of elements of the judgment. Reynolds stated that the step was not taken lightly but was necessary to see the process through.
Federal Court records show Reynolds also filed similar bankruptcy proceedings against Higgins’s husband, David Sharaz. The move underscores the widening dimensions of the financial consequences stemming from the defamation dispute.
Higgins’s Response and Upcoming Proceedings
Higgins has indicated that she is appealing parts of the judgment, including the damages amount, the legal costs allocation, and the breach finding related to the settlement deed. The appeal process, as well as the bankruptcy actions, could take months or longer, depending on court schedules and any potential settlements or revised orders.
In the wake of the ruling, Higgins issued a public apology to Reynolds, a gesture that hedges against broader reputational harm while the legal process continues. Higgins’s counsel has signaled ongoing procedural challenges, including contesting the breadth of the judge’s factual determinations.
What This Means for the Public Record
The case sits at the intersection of defamation law, public accountability, and the financial ramifications of legal disputes involving public figures. As the courts assess the balance between free expression and protection of reputations, the Higgins-Reynolds matter may have implications for similar cases where social media activity becomes a central legal battleground.
Support and Resources
If you or someone you know has experienced sexual violence or related trauma, help is available. The National Sexual Assault, Domestic and Family Violence Counseling Service can be reached at 1800RESPECT (1800 737 732).
