Linda Reynolds Files New Lawsuit Against Brittany Higgins Over Her $2.4 Million Commonwealth Payout

Sen. Linda Reynolds has filed a new lawsuit against Brittany Higgins and the company that oversees the trust fund protecting the former political aide’s multimillion-dollar paycheck.

Ms Higgins was awarded $2.4 million in damages by the state in December 2021 for injury and suffering, loss of earnings, medical expenses and legal costs following her alleged rape in Parliament House.

According to a writ filed in the Supreme Court of Western Australia by Senator Reynolds’ legal team, Power Blazers Pty Ltd acts as trustee for the Brittany Higgins Protective Trust.

The company was appointed to the role after Ms Higgins retired as trustee in February 2022, with her father and a friend reportedly serving as directors.

Senator Reynolds alleges that the trust was set up ‘for the purpose of defeating or delaying Mrs Higgins’ creditors, of which she is one’.

The senator wants the court to void the trust fund and return the money, which reportedly represents a significant portion of the $2.4 million payout, to Ms. Higgins’ control ahead of a ruling in her ongoing defamation case against her former employee.

“(We) are seeking to have the remainder of the $2.4 million returned to Ms. Higgins’ estate. Should Senator Reynolds be successful in this case, this amount will be recoverable under the Civil Judgement Enforcements Act,” the senator’s attorney, Martin Bennett, told reporters outside court regarding her claim for aggravated damages.

The new lawsuit comes as a trial over a series of defamatory social media posts that Senator Reynolds claims have damaged her reputation nears a conclusion.

Brittany Higgins (pictured) was awarded $2.4 million in damages after her alleged rape

Martin Bennett (centre) claims Higgins defamed Linda Reynolds (left) on social media

Mr Bennett was refused permission on Thursday to call the psychiatrist who wrote a report used to testify about the $2.4 million Ms Higgins was to receive from the federal government.

Mr Bennett told the court that a subpoena had revealed that Dr Julio Clavijo had written two reports about Ms Higgins on the same day in early 2022 that differed significantly from each other.

The Perth District Court heard the doctor’s evidence and details of his communications with Ms Higgins’ lawyers at the time were relevant to one of the former staff member’s Instagram posts.

The Senator believes that a message dated July 4, 2023, alleges that she was involved in a campaign of intimidation against Ms Higgins.

Ms Higgins defends the libel claim for that position as true, pointing to the senator’s public statements questioning her settlement with the Commonwealth over the damages.

The lawsuit seeks access to the Commonwealth payout if Senator Reynolds (pictured) wins the lawsuit

This also cites Senator Reynolds’ comment that the payment and the circumstances leading to the settlement should be submitted to the National Anti-Corruption Commission.

The senator has said her concerns are serious and reasonable. For example, she has said that the allegations Ms Higgins made against her were not presented to her before the settlement and that she had a right to contest them.

But Judge Paul Tottle said any evidence the doctor might give would be too far removed from the issue of harassment to help him reach his verdict.

“Whether (Senator Reynolds) conducted a campaign of intimidation against (Ms. Higgins) will be judged by what (the senator) did,” he said.

Mr Bennett requested permission to forward the reports to the National Anti-Corruption Commission.

That will become clear in the coming weeks.