Former defence minister Linda Reynolds has welcomed a court order sending her lawsuit against the Commonwealth to mediation, as her lawyer indicated she has not ruled out further legal action over a recent documentary on sexual assaults featuring ex-staffer Brittany Higgins.
At a case management hearing in the Federal Court on Tuesday morning, Reynolds’ lawyer Martin Bennett told the court his client, who was not required to appear, wanted the matter referred to mediation.
The action relates to Reynolds’ case against her former employer the Commonwealth and law firm HWL Ebsworth over the handling of legal matters arising from the government’s $2.4 million settlement with her former employee Brittany Higgins, in December 2022.
Higgins alleged she was sexually assaulted by her colleague Bruce Lehrmann in Reynolds’ office in Parliament House in 2019.
A criminal trial against Lehrmann was aborted in 2022 due to juror misconduct, but it was found the allegations had been proved to a civil standard during a failed defamation case he brought against Network Ten and journalist Lisa Wilkinson in 2024. Lehrmann is taking his appeal over that decision to the High Court.
HWL Ebsworth acted for the Commonwealth during the settlement process with Higgins.
Reynolds alleges the Commonwealth had a duty of care to her, and she suffered harm as a result of the way the settlement was conducted.
On Tuesday, Commonwealth lawyer Christopher Tran and HWL Ebsworth lawyer Nicole Batista told the court they did not oppose mediation, although Tran said it might be “more fruitful after filing of evidence [and] both parties can assess their position”.
Justice Michael Colvin told the court mediation should occur before the next hearing once the parties provide their availability.
He ordered Reynolds to file and serve her evidence by May 15, with the matter to return to court on June 22 for a further case management hearing.
Outside court, Bennett told reporters the mediation would examine issues surrounding the settlement negotiations with Higgins, including Reynolds’ exclusion from the mediation which resulted in the agreement.
“Linda Reynolds is very pleased that the courts listed a mediation … this time she’s allowed to attend,” he said.
“We look forward to hopefully good faith, frank discussions … otherwise it’s going to progress as a civil action in this court.”
Bennett also took aim at the Commonwealth’s legal defence.
“We understand the nature of their defence is that they don’t owe a duty to anyone other than themselves,” he said.
“It’s radically different from the understanding I would have thought of most members of parliament. But that’s their position. It’s ambitious, but that’s an issue to discuss or, if not, get the court to resolve.”
Bennett said his team would also examine a new documentary Silenced, which features Higgins and premiered in the United States, with plans for it to be released in Australia in June.
A description of the film says director Selina Miles examines how women across the world are threatened with defamation proceedings after speaking publicly about abuse.
“The movie Silenced that was screened in Salt Lake City … that was funded by federal government funding … we’re waiting to see the transcript of that,” Bennett said outside court.
“[The movie is about] the weaponisation of potential defamation actions to shut down legitimate complaints or victims. That’s so inappropriate [if related to Reynolds].
“That’s one we will watch very closely.”
This masthead has gone to Higgins for comment.
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Carla Hildebrandt is a journalist with WAtoday. She previously worked on ABC’s Four Corners and as a court reporter at The Daily Telegraph in Sydney. For secure contact: [email protected].Connect via email.From our partners
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