Higgins’ texts before social post: court

The defamation trial involving Brittany Higgins and Senator Linda Reynolds could be expanded to include more allegations against the Senator’s former staffer.

Senator Reynolds submitted a third application to the WA Supreme Court after a discovery order revealed a conversation that took place between Ms Higgins and her fiance David Sharaz.

The conversation was a series of WhatsApp messages that showed the pair discussing who should make a social media post on what platform, based on who had the most followers.

The conversation happened before a social media post was made in January 2023 that was part of the claim against Mr Sharaz, and has since been deleted.

“There was a discussion whose Twitter account was the better one to post on,” Senator Reynolds’ lawyer Martin Bennett told reporters outside of court.

“That indicates they weren’t acting independently of each other, and we say to the court that is the argument we want answered.

“There is now discussion that will be brought into Ms Higgins’ proceedings.”

A judgment was also handed down in the matter involving Mr Sharaz, with his lawyer Jason MacLaurin telling the court his client wanted little to do with the case.

Mr Sharaz provided a consent order but asked for an assessment of damages relating to the Senator’s claim against him be made after the trial with Ms Higgins.

“We agree to a judgment for damages to be assessed according to law, the cards may fall how they may,” Mr MacLaurin said.

Justice Paul Tottle ordered Mr Sharaz be restrained from making social media posts similar to those that were alleged to have damaged Senator Reynolds’ reputation.

The court also heard amendments to Ms Higgins’ defence had been submitted.

Mr Bennett argued the amendments felt confusing and would be difficult to cross-examine, saying they were almost “schizophrenic”.

He said while Ms Higgins was signalled to make a complaint to police, she felt pressured not to do so.

“It’s an area that’s not normally cross-examined,” he said.

Mr Bennett said outside of court that the Senator instructed Ms Brown to lodge a complaint to the AFP, which was the exact opposite of a cover-up.

He said Ms Higgins’ defence stated that the Senator asking Ms Brown to lodge a complaint to police was mishandling of the rape allegation.

“That is the opposite,” he said.

“We need to think about whether or not we strike it out, we need to have some certainty going to trial about the case that has been put up in defence.”

During the proceeding, Justice Tottle did not believe the amendments had the capacity to derail or delay the trial.

It was the third time this week the case was before the WA Supreme Court where the Senator is suing Ms Higgins and Mr Sharaz over social media posts they made that she claimed were false and damaged her reputation.

Peace talks to settle the claim failed to reach an outcome on Tuesday after a three-hour mediation session was adjourned by the court.

On Thursday, Ms Higgins’ lawyer Leon Zwier dropped a bombshell in court by revealing his client would be marrying Mr Sharaz in June.

Mr Zwier had requested the court allow more time for Ms Higgins’ to respond to an application submitted by Senator Reynolds, who is attempting to obtain a copy of the Brittany Higgins Protection Trust deed.

The trust was set up in February last year, after Ms Higgins received a $2.4m compensation payment from the Commonwealth.

Senator Reynolds wants to find out who the trustee is and who to sue if Ms Higgins is unable to pay damages from the defamation case that is yet to be determined.

All parties have been told to submit any applications or submissions by June 17 before a procedural directions takes place the following day.