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Reynolds’ big cost claim in Higgins case

Written by on July 23, 2024

Senator Linda Reynolds wants Brittany Higgins to pay the cost of her medical bills, claiming the “intense questioning” she faced in the wake of allegations her former staffer was raped in Parliament House exacerbated a previously undiagnosed cardiac condition.

The Western Australian Senator has claimed in documents filed in her defamation case against Ms Higgins and her husband David Sharaz that Ms Higgins’ actions were the catalyst for the condition worsening and causing her to end up in hospital.

The defamation case centres on social media posts by Ms Higgins and Mr Sharaz that Senator Reynolds claims suggest she mishandled the rape allegation.

The senator further claims the posts suggest she engaged in questionable conduct during the rape trial of Bruce Lehrmann, which was aborted due to juror misconduct before the charge against him was dropped.

In documents released by the WA Supreme Court, Senator Reynolds amended her statement of claim against her former staffer to allege she had suffered physical and mental harm as a result of Ms Higgins’ actions.

Senator Reynolds claims she had a “pre-existing but yet undiagnosed cardiac condition” and had been diagnosed with mild anxiety and depression.

Her health conditions were then “severely exacerbated” following the Project’s broadcast of Ms Higgins’ rape allegation, the “negative nationwide media coverage and intense questioning by the Labor Party in the Senate” that followed.

Senator Reynolds claims in the court documents these events led to her suffering “severe anxiety and severe heart pains” before she was hospitalised on February 23, 2021.

Senator Reynolds was referred to a psychologist and a psychiatrist, with the latter noting “she was fragile and unfit for work” on March 2, 2021.

Senator Reynolds further claimed she was diagnosed by her psychiatrist with “emotional dysregulation, dysphoria and anxiety as a result of recent occupational pressure”.

Senator Reynolds was also diagnosed by her consulting cardiologist with microvascular disease, which requires her to take two forms of daily heart medication “for the rest of her life”, the documents state.

Senator Reynolds stated she continues to “periodically” see her psychologist and remains under the care of her cardiologist.

She has asked Ms Higgins pay her medical costs totalling $4249.11 from March 2, 2021 to June 16, 2024, which include consultation bills as low as $3.40, up to a CT scan costing $504.15.

Her updated medical claims follow months of legal dispute over allegations Ms Higgins “acted maliciously” when she created certain social media posts with her husband, and had intentionally set out to harm her and the federal government.

In her amended defence published by the court, Ms Higgins claims Senator Reynolds had shared “confidential correspondence” with The Australian newspaper which included an internal government departmental email marked “sensitive: personal” relating to the multi million-dollar payout Ms Higgins received in compensation following the alleged rape.

The email was then referred to in a published story by The Australian detailing how the federal agency responsible for overseeing parliamentary staff welfare handled the allegations of rape.

Ms Higgins alleged in court documents that Senator Reynolds continued to send documents to The Australian “from time to time” after February 2023, including the senator’s correspondence with the Commonwealth’s solicitors relating to the Sofronoff Inquiry into the ACT’s Criminal Justice System.

Ms Higgins also claims her former employer’s participation in Channel 7’s Spotlight about the alleged rape “undermined” the trauma Ms Higgins experienced while working for the senator’s political campaign in Perth.

In the court documents, Ms Higgins claims the senator engaged in a campaign of harassment against her by providing the “confidential information to the media” regarding mediation and complaints to the Commonwealth, as well as “directly or indirectly” questioning her personal injury claim against the Commonwealth.

In the Federal Court earlier this year, Justice Michael Lee ruled he was convinced to a civil standard – which is different to a criminal standard – on the balance of probabilities Ms Higgins was raped by Bruce Lehrmann.

Mr Lehrmann had brought a defamation case against Network 10 and journalist Lisa Wilkinson over The Project report about the alleged rape in 2021.

Mr Lehrmann has maintained his innocence and is appealing the decision.

In the Federal Court earlier this year, Justice Michael Lee ruled he was convinced to a civil standard – which is different to a criminal standard – on the balance of probabilities Ms Higgins was raped by Bruce Lehrmann.

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Mr Lehrmann had brought a defamation case against Network 10 and journalist Lisa Wilkinson over The Project report about the alleged rape in 2021.

Mr Lehrmann has maintained his innocence and is appealing the decision.

The defamation trial between Senator Reynolds and Ms Higgins will begin early next month.