Lawyers for Reynolds, Higgins talk trial details

Lawyers for federal Senator Linda Reynolds, Brittany Higgins, and David Sharaz returned to court to straighten out details of the upcoming defamation trial in the Supreme Court of Western Australia.

The Western Australian Senator last year sued Mr Sharaz, Ms Higgins’ fiancé, alleging he made statements that were defamatory of her in his social media posts.

Senator Reynolds actioned a lawsuit against Ms Higgins months later, over similar allegations that the former Liberal staffer published materials with defamatory imputations.

A trial has been scheduled for July 24, set for six weeks, although a court-backed mediation session among the parties has yet to conclude.

Speaking before WA Supreme Court Justice Paul Tottle today, Senator Reynolds’ lawyer Martin Bennett said his client would amend the statement of claim after Ms Higgins published a social media post with the quote "I will not stay silent".

"Ms Higgins posted on social media, a post of that nature goes to the aggravation of damages," he said.

In 2021, Ms Higgins came forward with allegations that she was raped by Bruce Lehrmann in Senator Reynolds' office while they were both Liberal Party staffers.

The highly publicised trial over the rape allegations was aborted because of juror misconduct, but Mr Lehrmann has actioned his owned defamation lawsuit against Network 10 and its reporter Lisa Wilkinson in the Federal Court.

Federal Court judge Michael Lee is set to deliver his judgment in Mr Lehrmann's defamation trial and has made comments about the credibility of the parties involved, including Mr Lehrmann and Ms Higgins.

In court, Mr Bennett claimed Network Ten producer Angus Llewellyn and Ms Wilkinson had a plan to attack Senator Reynolds.

Mr Bennett applied to have the lawsuits be heard concurrently to save costs and time, claiming there was also sensitivity to the stress experienced by the parties involved.

“This is two major pieces of litigation, taking lengthy periods of time between three individuals,” he said in court.

“The overlap [of evidence] is so apparent at the moment.”

However, Mr Sharaz’s lawyer Jason MacLaurin told the court that the order sought by Mr Bennett was highly problematic and prejudicial.

“We’re not seeking to suggest there should be some duplication,” he said.

“We’re not saying Senator Reynolds should give evidence twice.”

In court, Mr MacLaurin revealed there were up to 20 witnesses who could be called for the defamation trial.

The parties have attempted to settle the matter without going to trial through face-to-face mediation, with Ms Higgins and Mr Sharaz, who live in France, flying back to Perth last month.

The first day of the scheduled two-day mediation at the Supreme Court of Western Australia lasted into the evening but the second day of mediation has been adjourned.

Outside court, Mr Bennett told journalists the mediation could resume but the trial preparation would have to continue.

"The mediation’s adjourned, it may be reconstituted, most likely after Justice Lee delivers a decision but at the moment, we have to prepare for a trial," he said.

Mr Bennett said the legal proceedings were costing Senator Reynolds a fortune.

“My client mortgaged her home, at her age, to pay for the legal fees to do this trial, to vindicate her reputation,” he said outside court.