WA Supreme Court to decide who wins long running defamation feud between Linda Reynolds and Brittany Higgins

Former senator Linda Reynolds will soon learn whether her defamation case against Brittany Higgins and David Sharaz delivers a fairytale ending. Ms Reynolds sued the married couple in the WA Supreme Court over social media posts they published that were critical of how she handled an allegation by Ms Higgins that she had been raped in the senator’s Parliament House office by a colleague. A five-week blockbuster trial last year centred around the political fallout and demise of the former defence minister’s career after Ms Higgins went public with her allegations in 2021 — two years after the alleged rape. Ms Reynolds argued she had been cast as a villain in Ms Higgins and Mr Sharaz’s fairytale about a political cover-up of a rape and called dozens of witnesses to give evidence in the trial, including former prime minister Scott Morrison. Ms Higgins relied on the truth defence, claiming the posts were substantially true, and it was a series of events in 2021 that led to the former senator’s distress and reputational damage. Her legal team argued backlash directed at Ms Reynolds stemmed from calling Ms Higgins a “lying cow,” a senate grilling over the allegations, her hospitalisation, losing the defence ministry and missing out on a shadow ministry. Mr Sharaz pulled out of the proceedings, citing he could not afford the legal bill to fight the case. It was estimated the high-stakes legal battle cost millions of dollars and both parties risked their homes to pay for the fight. It came to light during the proceedings that Ms Reynolds remortgaged her Perth home to pay her legal fees, while Ms Higgins and Mr Sharaz sold their French chateau. It was revealed Ms Reynolds was seeking more than $500,000 in damages. How damages could be decided Justice Paul Tottle will begin delivering his verdict at 10am WST and could take some time before the parties know if Ms Reynolds is successful and awarded any damages. He will decide if a series of social media posts published by Ms Higgins and Mr Sharaz in 2022 and 2023 caused reputational harm to Ms Reynolds after failed mediation between the parties saw the matter progress to trial. If the court rules in favour of Ms Reynolds’ it does not mean she is entitled to any damages at all, or very little could be awarded. If the former senator is successful, damages for non-economic loss, or reputational harm and distress could range from nothing up to $478,500. Special damages for economic loss of income or business opportunities are not capped and can be high if proven by Ms Reynolds. The highest defamation damages awarded in WA was $2.6m to former high profile barrister Lloyd Rayney who successfully sued the state government in 2017 over comments by police that named him as the prime and only suspect in the murder of his wife Corryn. Mr Rayney always denied any involvement in his wife’s death and was ultimately found not guilty of her murder following a trial in 2012. If Ms Reynolds loses the defamation case, it could make her liable for all court costs and legal fees incurred by Ms Higgins and Mr Sharaz.