Linda Reynolds is suing the commonwealth over Brittany Higgins’ $2.4m settlement, alleging in court documents that former attorney generalMark Dreyfuscommitted “misfeasance of public office” by denying her an opportunity to defend herself against allegations she mishandled the incident.
It comes as the federal anti-corruption watchdog released itsfindings on Thursday, concluding there was “no corruption issue”in Higgins’ settlement and “no inappropriate intervention” by the Labor government.
In an updated statement of claim to the federal court on Wednesday, the former Liberal senator alleged Dreyfus had a conflict of interest in signing off on the settlement in December 2022 because of public statements he had made.
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Reynolds is suing the commonwealth and its lawyers for damages and legal costs in an effort to “vindicate and restore her reputation”, the statement of claim said.
Reynolds’ claim alleges Dreyfus’ role in the matter “enabled and encouraged the falsity of Ms Higgins’ claim”, referencing a speech the then opposition attorney general made in March 2021.
In the lower house, Dreyfus quoted a speech Higgins delivered on the lawns of Parliament House where the former Liberal staffer claimed “people around me did not care about what happened because of what it might mean for them” and that she was a “political problem”.
“It’s very clear the prime minister [Scott Morrison] has made looking after Liberal party mates his main focus – not looking after women, not looking after the country and not looking after the rule of law or justice but looking after his political mates,” Dreyfus said at the time.
The deed, released during Bruce Lehrmann’s failed defamation case in December 2023, compensated Higgins for her loss of earning capacity, legal costs, medical expenses, domestic assistance and “$400,000 for hurt, distress and humiliation”.
As part of Higgins’ claim, the former staffer alleged the commonwealth had breached its duty of care because Reynolds and her staff mishandled the matter and did not adequately support her.
Documents released to the Western Australian supreme court last year showed Reynolds was asked to not attend the mediation in December 2022 or make any public commentary about Higgins and to maintain confidentiality of information related to the settlement and civil claims in order to give the commonwealth the “best position to achieve a resolution at the mediation”. The settlement was signed a week later.
In court in August 2024, Reynoldsaccused Dreyfus of “seeking to silence”her.
She said the claims that she had not given Higgins adequate support after her alleged rape in March 2019 were “utterly defendable”.
“My defence was to be no defence … I was outraged.”
Reynoldstold the court the letterhad made her “very angry” and she considered the federal government was attempting to “lock me down”.
The day before the mediation, 13 December 2022, Reynolds sent the June letter from her personal email address to Janet Albrechtsen, a columnist at the Australian newspaper.
“The letter of confidentiality was never signed by me so my recollection is while they sent the proposal, what the Commonwealth wanted in terms of locking me down, I never agreed,” Reynolds said.
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“So therefore I had no particular concern about sending that to Ms Albrechtsen.”
In October 2023, Reynolds referred the settlement to theNational Anti-Corruption Commissionto examine the process.
The Nacc released the findings of its preliminary investigation into the matter on Thursday, concluding there was “no inappropriate intervention” by the Labor government.
The Nacc found there was “no material difference” in legal advice received by the former Coalition government before the May 2022 election and advice subsequently received by the newly elected Albanese government.
The Nacc concluded: “There was no inappropriate intervention in the process by or on behalf of any minister. The then attorney general approved the settlement in accordance with the departmental advice.
“There is no evidence that the settlement process, including the legal advice provided, who was present at the mediation, or the amount, was subject to any improper influence by any Commonwealth public official.
“To the contrary, the evidence obtained reflected a process that was based on independent external legal advice, without any inappropriate intervention by any minister of either government. There is therefore no corruption issue.”
In a statement on Thursday, Reynolds said she was “bitterly disappointed” by the decision, questioning how the settlement “could possibly settle unsubstantiated and statute-barred claims made against me” without “taking a single statement from me or speaking to me at all”.
Dreyfus responded that he regretted “the baseless allegation of corruption has been so widely publicised ahead of this finding and hope future matters can be resolved in a more timely manner”.
A case management hearing is scheduled in Perth next Thursday.
Reynolds is awaiting the judgment of a separate defamation case in the Western Australia supreme court against Higgins over a series of social media posts, published in July 2023, which the former minister claims damaged her reputation.