The long-running defamation battle between former defence minister Linda Reynolds and her former staffer Brittany Higgins reached a conclusion today in the Supreme Court of Western Australia, with Justice Paul Tottle awarding Reynolds more than $340,000 in damages and interest.
Reynolds sued over a series of social media posts by Higgins, claiming they damaged her reputation during the fallout from Higgins’ allegations of sexual assault in Parliament House. The court found that two of the posts were defamatory and not protected by any legal defence, awarding Reynolds $315,000 in damages plus $26,000 in interest.
However, Reynolds was not successful on all fronts. Justice Tottle accepted that one of Higgins’ posts was covered by the defences of honest opinion, fair comment and qualified privilege. The court also dismissed Reynolds’ allegations of a broader conspiracy involving Higgins and her husband, David Sharaz, and declined to impose an injunction restraining Higgins from speaking publicly in the future.
Reynolds described the judgment as a vindication of her reputation, emphasising that her aim was not financial compensation but “the truth on the public record”. Higgins said, “I accept that Linda Reynolds’ feelings were hurt by these events and I am sorry for that. I wish her well for the future.”
The case has carried significant personal and financial consequences for both parties: Reynolds reportedly remortgaged her home to fund the litigation, while Higgins sold property in France to cover her legal costs.
Key legal takeaways
- Qualified defences: The judgment reinforces the application of honest opinion and qualified privilege to social media commentary, even in highly charged political contexts.
- Damages: The award demonstrates the courts’ continuing willingness to impose substantial damages for reputational harm, while also factoring in interest and costs.
- Strategic risk: For practitioners, the case underscores the risks for high-profile clients engaging in online disputes, where public commentary can easily cross into defamatory territory.
The matter now turns to costs, with orders expected in coming weeks.
