Former prime minister Scott Morrison has been named among the high-profile witnesses prepared to climb into the witness box in Western Australian senator Linda Reynolds’ high-stakes defamation trial against former staffer Brittany Higgins.
Reynolds’ lawyer, Martin Bennett, told the WA Supreme Court Morrison had filed and signed a witness outline on Tuesday, as the parties gathered to finalise the exchange of documents before the trial in late July.
Senator Linda Reynolds arrives at court on Tuesday with her lawyer, Martin Bennett (right).Credit: Jesinta Burton
The court was told the bundle of evidence adduced by Reynolds’ legal team would also contain sworn evidence from WA senator Michaelia Cash, Cash’s former chief of staff, and medical professionals who would attest to the toll the saga had taken on Reynolds’ health.
But Cash’s attendance in-person will hinge on parliamentary sitting dates, with Higgins’ lawyers continuing a push to delay the slated July 24 start date until at least July 29 to accommodate new WA-based counsel Rachael Young.
The court has previously been told Channel Ten, journalists Lisa Wilkinson and Samantha Maiden, and senator Katy Gallagher had been issued subpoenas to provide evidence for both cases.
Bennett also sought leave to amend the statement of claim to attach another allegation of defamation, after evidence surfaced during disclosure that he argued demonstrated Higgins collaborated on another publication he claims was defamatory of the senator.
Higgins’ lawyer, Teresa Ward, told the court her client had already handed over the first tranche of documents expected to form evidence in the case, including dozens of personal messages, and was preparing to send the remaining files within the next 48 hours.
Outside court, Bennett told the waiting media that Morrison was expected to be overseas at the time of the trial, but was prepared to give evidence remotely if required.
In 2021, Higgins alleged she was raped in Reynolds’ parliamentary office by her colleague Bruce Lehrmann – a claim Lehrmann has long denied, but was found to be true to the civil standard by Federal Court Justice Michael Lee.
Lehrmann is appealing a decision handed down by Lee in Lehrmann’s defamation case against Network Ten earlier this year that found, on the balance of probabilities, he did rape Higgins.
A rape charge against him was withdrawn in after his 2022 criminal trial was aborted due to juror misconduct.
As the pair’s former boss, Reynolds has found herself in the firing line over the then-government’s handling of Higgins’ rape allegation.
The senator alleges Higgins in 2023 made several social media posts she claims were false and defamatory of her, and is suing for damages, as well as aggravated damages.
Reynolds also launched an almost identical action against Higgins’ husband David Sharaz, who bowed out several weeks ago after declaring he did not have the financial means to take the matter to trial.
Higgins has fiercely defended the action.
Reynolds, who made a surprise appearance at court, mentioned Morrison by name while sharing her gratitude to her former parliamentary colleagues for their support throughout the past three years.
The senator said the ongoing fallout had a significant impact on her and others, and continued to call upon those involved to accept Lee’s judgment, which dispelled long-held claims of a political cover-up.
“This is not just about clearing my name, but also to get justice for the many people whose lives have been destroyed,” Reynolds said.
“It’s absolutely essential that all parties accept Justice Lee’s findings, all of his findings, so that the many people who have been damaged by this whole saga can get justice and get peace.
“Justice Lee was very clear in terms of the fact that there was never any political conspiracy and that Ms Higgins was looked after, by myself and my chief of staff Fiona Brown, and it is time that those people who have perpetuated that agree they were wrong, apologise.”
The matter is expected to return to court for a second directions hearing next week.
Reynolds is also still working to establish who controls a trust in Higgins’ name, which she claims was established to safeguard Higgins’ $2.4 million federal government pay-out for lost earnings and hurt, distress and humiliation.
The senator wants to have the trust set aside amid fears it may prevent her from getting damages if she wins the defamation case, which she has mortgaged her own home to pursue.
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