Brittany Higgins’ elusive fiancé David Sharaz has been spotted on the Gold Coast after it emerged lawyers for Linda Reynolds had been trying unsuccessfully to locate him in order to serve defamation papers.
Senator Reynolds is suing Mr Sharaz in the Supreme Court of Western Australia over five social media posts uploaded last year that she alleges were ‘falsely defamatory’.
But the case has been languishing since January because Reynolds’ lawyers were not able to serve Mr Sharaz with a writ.
After a writ is filed, it must be served on the recipient in person. Mr Sharaz would then have 21 days to respond, triggering the next stage of the case.
Seemingly unbothered by the cat-and-mouse chase, the former journalist was pictured on Saturday grabbing a take-away coffee on the Gold Coast.
Brittany Higgins’ elusive fiancé David Sharaz was spotted on the Gold Coast on Saturday after it emerged lawyers for Linda Reynolds had been trying unsuccessfully to locate him
Sporting five o’clock shadow, he dressed casually in a green sweater and jeans
At one stage, he was seen chatting to a woman, not believed to be his fiancée Ms Higgins, who was carrying a baby on her hip
Sporting five o’clock shadow, he dressed casually in a green sweater and jeans while carrying his hot drink in one hand, and his phone and car keys in the other.
At one stage, he was seen chatting to a woman, not believed to be Ms Higgins, who was carrying a baby on her hip.
That same day, Ms Higgins’ mother Kelly was pictured nearby leaving her daughter’s home wearing a black long-sleeve top and denim shorts.
She was seen carrying a brand-new Nike sports bra with the tags still attached as she made a beeline from the front door to her car.
That same day, Ms Higgins’ mother Kelly was pictured nearby leaving her daughter’s home wearing a black long-sleeve top and denim shorts
She was seen carrying a brand-new Nike sports bra with the tags still attached as she made a beeline from the front door to her car
The sighting comes after Senator Reynolds’ lawyer Martin Bennett said in court on Thursday his office had been trying, and failing, to serve Mr Sharaz with a writ since January of this year
Mr Sharaz and Ms Higgins have been living together in a rental home on the Gold Coast since March this year, as the former political staffer continues her studies at Bond University
Mr Sharaz and Ms Higgins have been living together in a rental home on the Gold Coast since March this year, as the former political staffer continues her studies at Bond University.
Their move to Queensland came after Ms Higgins received a substantial payout, rumoured to be up to $3million, from the Commonwealth, after she sought damages for sexual harassment, sex discrimination, disability discrimination, negligence and victimisation. The mediation is believed to have taken less than a day.
The sighting comes after Senator Reynolds’ lawyer Martin Bennett said in court on Thursday the defamation claim had expanded from two of Mr Sharaz’s tweets to five social media posts in total.
Mr Bennett also explained his office had been trying, and failing, to serve Mr Sharaz with a writ since January of this year.
Hours after Mr Bennett’s comments in court, Ms Higgins posted photos on Instagram of herself alongside Mr Sharaz celebrating her lawyer Leon Zwier’s birthday at an upmarket Chinese restaurant in Melbourne.
Hours after Mr Bennett’s comments in court, Ms Higgins (centre) posted photos on Instagram of herself alongside Mr Sharaz (left) celebrating her lawyer Leon Zwier’s birthday at an upmarket Chinese restaurant in Melbourne. (Right: Ms Higgins’ friend Emma Webster)
Linda Reynolds (pictured) is suing David Sharaz over a series of social media posts last year
In court on Thursday, Mr Bennett said his office tried to contact Mr Sharaz via email at his former workplace Southern Cross Austereo in January and two personal Gmail accounts but no response was received, according to an ABC report.
He then pointed to media reports stating Mr Sharaz was living in a rental property on the Gold Coast with Ms Higgins, and said locating his address would be impractical.
The court heard his office also contacted Mr Zwier following media reports suggesting he was also representing Mr Sharaz.
However, Mr Zwier said he had not received instructions to accept the writ on behalf of his ‘client’s fiancé’.
Daily Mail Australia is not suggesting Mr Sharaz is deliberately trying to avoid being served, only that Senator Reynolds’ lawyers have been unable to locate him and Ms Higgins’ lawyer has been advised not to accept writs on Mr Sharaz’s behalf.
Supreme Court justice Marcus Solomon said he was satisfied that it was impractical for Mr Sharaz to be served in person and allowed Mr Bennett’s office to send the writ to the two personal accounts.
Within 24 hours of those emails being sent, Mr Sharaz will be considered to have been served.
It is understood Mr Sharaz hadn’t received the writ by Friday morning, but Mr Bennett told Daily Mail Australia his office emailed it to him immediately following Justice Solomon’s orders.
It is further understood the two Gmail addresses Mr Bennett’s office acquired were previously unmonitored by Mr Sharaz.
Leon Zwier is pictured at a birthday celebration in Melbourne. He had a cake that said ‘Australia’s best lawyer’
The celebration included personalised balloons and was held at an upmarket restaurant
According to the writ, seen by Daily Mail Australia, Senator Reynolds claimed she was defamed in three Twitter posts between January and December last year, one Instagram post in April, and one Facebook comment in December.
Mr Sharaz appears to have deactivated his Facebook profile, made his Instagram account private and removed about 2,000 followers recently.
Senator Reynolds is seeking damages and an injunction against Mr Sharaz from publishing the allegedly defamatory material, and costs.
She is also seeking interest on damages at a rate of six per cent from the date of publication to the date of judgement.
Hours after Mr Sharaz’s matter was mentioned in court, Ms Higgins uploaded photos showing the couple celebrating Mr Zwier’s birthday at Flower Drum in Melbourne – featuring personalised balloons and a cake that said ‘Australia’s best lawyer’.
On Friday, she posted a photo of herself at the table between her friend Emma Webster and Mr Sharaz.
It comes after Senator Reynolds sent Ms Higgins a concerns notice threatening a defamation lawsuit over an Instagram Story she posted earlier in the week.
Bruce Lehrmann (left) is seen with his lawyer Steven Whybrow during the rape trial last year
Ms Higgins lashed out Ms Reynolds in the post last Tuesday after the senator said she would refer the former political staffer’s compensation payout from the Commonwealth – reportedly worth up to $3million – to a new federal corruption watchdog.
In her original post, Ms Higgins included screenshots of news articles about Senator Reynolds claiming that Attorney-General Mark Dreyfus had shown prejudice over the inquiry into Bruce Lehrmann’s prosecution.
On Thursday Ms Higgins posted to Twitter: ‘I’ve just received a concerns notice from Linda Reynolds threatening defamation over an Instagram Story. I’m considering my legal options.’
On Thursday afternoon Senator Reynolds issued a statement confirming the legal action and vowed: ‘I will not tolerate being defamed by her or anybody else.’
A concerns notice is the first legal step towards a defamation action.
Mr Bennett said Ms Higgins was yet to formally respond to the concerns notice.
Mr Lehrmann was alleged to have raped Ms Higgins in Senator Reynolds’ parliamentary office after a boozy night out in 2019, which he strenuously denies.
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