Higgins fails to delay Reynolds’ defamation trial

Brittany Higgins' fiancee has bowed out of the looming defamation trial launched by Liberal Senator Linda Reynolds, announcing his decision via social media amid a court hearing today.

Senator Reynolds launched legal actions against her former staff member and Ms Higgins’ fiancee David Sharaz, over social media posts she claimed they published and contained defamatory imputations against her.

The parties engaged in a mediation session in March and a six-week trial has been scheduled to start on July 24, which Ms Higgins has sought to delay through an application last week.

At a court hearing this afternoon, Ms Higgins’ lawyer Nicholas Owens said the delay would benefit his client, who was experiencing mental health issues.

But Mr Sharaz unexpectedly announced on social media that he would no longer defend Senator Reynolds’ allegations, while the hearing was ongoing in the Supreme Court of Western Australia.

Senator Reynolds' lawyer Martin Bennett notified WA Supreme Court Justice Paul Tottle of Mr Sharaz's post that was published about 20 minutes after the start of this afternoon's hearing.

"Despite our best efforts Linda Reynolds has not accepted attempts to resolve this matter through mediation and Brittany may now be exposed to another trial," Mr Sharaz posted on X.

"I cannot afford to pay legal costs to defend myself over a six-week trial.

"As a result I have today informed the court that I will not fight Reynolds' legal action anymore.

"I now appeal for Senator Reynolds to settle her litigation against Brittany, a rape victim, by agreeing to disagree and putting all of this behind them. It's time to move on."

Speaking to the court, Justice Tottle said he acknowledged the defamation action and related proceedings have adversely impacted the mental health of Ms Higgins and Senator Reynolds.

But he said a delay of the defamation trial would likely result in the matter being pushed back to 2025.

"My strong impression is that prolonging this process of litigation is detrimental to both sides," Justice Tottle said.

"Taking steps to have a fair and efficient trial at the possible earliest date is the most effective way to address both sides."

In court, Justice Tottle also made comments critical of Mr Sharaz's unexpected post on X.

"Let's go back to managing the trial in a conventional way. It doesn't help parties for clients' instructions to be made on social media," he said.

Barrister Nicholas Owens, on behalf of Ms Higgins, told the court the Federal Court of Australia judgment handed down in March had affected his client's mental health.

"We do not wish to have the matter be pushed back to 2025," he said.

"The plaintiff observed a lack of evidence to support the mental health of my client... steps are underway to obtain them."

Mr Owens said there were some difficulties for the legal team to obtain instructions from Ms Higgins, who lives in France with Mr Sharaz.

In March, Federal Court judge Michael Lee found Bruce Lehrmann did rape Ms Higgins in Mr Lehrmann's defamation action against Network 10 and journalist Lisa Wilkinson.

Mr Lehrmann alleged he had been defamed when the network’s interview with Ms Higgins was aired and through the journalist’s speech at the Logie Awards in 2022.

While not named, Mr Lehrmann claimed he was identified as the former Liberal party staffer who Ms Higgins alleged raped her in former Senator Reynolds' office in Canberra in 2019.

In response, Mr Bennett today told the court Senator Reynolds' physical and mental health had also been impacted by the proceedings.

"All litigation is stressful. It's not a question of whether or not litigation put stress on parties, it is whether it's an unacceptable stress," he said.

"Parties are working day and night to be ready for the trial. Mr Owens' submissions to delay to get their act together is too little too late."

A strategic conference has been scheduled for May 24.