Brittany Higgins’ husband David Sharaz could have avoided facing financial ruin if he apologised to Linda Reynolds over two tweets and agreed to three other demands, legal documents show.
Lawyers acting for Liberal senator Linda Reynolds sent Mr Sharaz a concerns notice – which is the first step in a defamation claim – on January 6, 2023, over two social media posts that allege she bullied his wife.
Ms Higgins, a former Liberal staffer, was raped in Ms Reynolds’ office in Parliament House in 2019 and has maintained the senator tried to cover up the assault, and made her choose between her complaint and her political career.
Despite Ms Reynolds strongly contesting the allegations against her, the couple continued to perpetuate the claims using their public social media platforms.
The senator then launched defamation proceedings against them both, but Mr Sharaz conceded defeat in April citing financial issues. He will have to pay Ms Reynolds’ legal fees, as well as his own, along with any damages.
But documents released by the court on Wednesday, amid the case against Ms Higgins, show that he could have avoided financial turmoil if he complied with Ms Reynolds’ requests in the first place.
The concerns notice identified two allegedly defamatory tweets authored by Mr Sharaz in January and December 2022.
Pictured: Brittany Higgins with her husband, David Sharaz. They are both being sued for defamation
Liberal senator Linda Reynolds is pictured, left, outside the WA Supreme Court last week
His first post included a media release about Ms Reynolds work in gender equality, called ’empowering women’.
He wrote: ‘There is a very real chance that Linda Reynolds will be called to court this year to answer questions on her involvement in Brittany Higgins feeling pressures by her office not to continue with a complaint to police.
‘She uploads this to her official website.’
The second post referred to Ms Reynolds sending information about Ms Higgins’ $2.4million compensation claim against the government to a News Corp columnist.
It also referred to Ms Reynolds’ partner Robert Reid sitting in the ACT Supreme Court during Bruce Lehrmann’s rape trial in 2022. At the time, the senator had not given evidence and was not allowed to engage with court proceedings.
The senator then texted Lehrmann’s lawyer Steven Whybrow asking for transcripts, and suggested that he look at Ms Higgins’ texts with another former staffer because they might be ‘revealing’. Ms Reynolds has denied trying to assist the defence.
Mr Sharaz wrote: ‘First Linda sent her husband in to watch a victim’s cross-examination and was texting the defence team tips.
‘Now she’s leaking privileged information to the paper while Britt’s fragile in a clinic.
Pictured: A tweet David Sharaz wrote about Linda Reynolds
David Sharaz wrote a tweet accusing Linda Reynolds of bullying Brittany Higgins (pictured)
‘When will the bullying end, Linda Reynolds?’
In the concerns notice, Ms Reynolds’ lawyer Martin Bennett threatened Mr Sharaz with legal action, explaining his client was ‘aggrieved’ over the posts.
‘You have portrayed an inaccurate and professionally damaging depiction of my client that has prompted damaging speculation amongst the public as to my client’s conduct,’ it read.
‘The damage this has caused and continues to cause my client cannot be underestimated.’
Mr Sharaz was also informed that he could be liable for up to $443,000 if his posts were found to be defamatory in a a WA court.
To avoid a civil case altogether, Ms Reynolds was willing to accept an apology and a redaction of the posts, along with a signed undertaking promising not to post false information about her in the future.
She also asked that he cover her legal costs associated with putting the concerns notice together, along with ‘an appropriate sum’ to compensate her for alleged reputational damage.
Mr Sharaz did not agree to her terms and was subsequently sued for defamation.
David Sharaz is pictured at his wedding on the Gold Coast in June, shrouded by umbrellas
Brittany Higgins (right) and David Sharaz (left) were pictured leaving David Malcolm Justice Centre in Perth on Wednesday night after a nine-hour mediation
Attempts to resolve the matter in March via mediation were unsuccessful. Mr Sharaz conceded defeat in April.
‘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. It will be her third,’ he said in a statement.
‘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 any more.
‘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.
‘It’s time to let Brittany heal.’
Costs are yet to be determined, but he will likely owe the senator significantly more money now than he would have if he complied with her demands last January.
Ms Higgins’ trial is currently being heard in the WA Supreme Court. She will give evidence in the final week of August.
In April, a Federal Court judge found on a civil scale that Lehrmann raped Ms Higgins in Parliament House in 2019. He is appealing the decision.
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