Brittany Higgins seeking $3 million in compensation claim

Lawyers for former Liberal staffer Brittany Higgins have given notice that they will sue former Liberal ministers Linda Reynolds and Michaelia Cash as well as the Commonwealth for about $3 million.

While the criminal case alleging that Higgins was raped by former colleague Bruce Lehrmann will not proceed, her lawyers have indicated that they will pursue a claim in civil court this month.

Brittany Higgins arrives at the ACT Supreme Court on Friday.Credit:Alex Ellinghausen

In documents sent to the two former ministers and the Commonwealth, Higgins’ lawyers have set out an intention to sue for sexual harassment, sex discrimination, disability discrimination, negligence and victimisation.

People familiar with the documents have told this masthead that they claim about $2.5 million for future economic loss, past economic loss approaching $100,000, general damages of $100,000, future assistance with domestic duties of some $200,000, and past and future out-of-pocket expenses of a further $150,000 approximately.

Senator Reynolds, who was Higgins’ employer at the time of the alleged rape, said: “I confirm that I was advised in March this year by Blumers law firm, who act for Brittany Higgins, of a civil claim by Ms Higgins against me and other parties.

“However, proceedings have yet to be filed. Blumers advised me on Friday that their client intends to progress the civil claim this month.”

A spokesperson for the Department of Finance said the department “manages all claims sensitively and consistently with the Legal Services Directions 2017”.

“The Department does not confirm nor deny the existence of claims in order to respect the personal privacy of claimants and uphold its obligations in any legal process.”

Cash was contacted for comment.

The Morrison government agreed to give the two former ministers Commonwealth indemnity against any such claims so that they would not liable personally. Both are now in opposition.

The statute of limitations in the Australian Capital Territory expired in March, meaning that Higgins could not have brought a claim after that date. But both former ministers and the Commonwealth agreed to waive the time limit.

A date has been set for mediation between the parties on December 13. Sources close to Reynolds said that she had agreed to a time extension that would expire on Tuesday. This means that Higgins’ lawyers would need to file their case in court by then.

After leaving the staff of Reynolds, who was serving as Defence Minister at the time, Higgins took a job with Senator Cash.

Higgins had accused fellow former Liberal staffer Bruce Lehrmann of raping her in the office of their then-boss, Reynolds, in Parliament House in the early hours of March 23, 2019, after a night out drinking with colleagues.

Lehrmann faced one charge of sexual intercourse without consent. He denied ever having sex with Higgins, maintained his innocence and described himself as behaving like a “gentleman” on the night.

It’s understood Lehrmann is also contemplating civil remedies to redress his loss of reputation and employment.

Lehrmann’s trial was cut short on October 27 after 12 days of evidence and submissions in the ACT Supreme Court and five days of deliberations because of juror misconduct.

On Friday, the ACT’s Director of Public Prosecutions Shane Drumgold announced a second trial of Lehrmann would be aborted and the charges dropped because of serious concerns for Higgins’ mental health.

Drumgold said it was no longer in the public interest to continue because of the risk to Higgins’ life.

In a statement posted to Instagram on Sunday Higgins said she believed the odds of securing a conviction were slim. “The criminal justice system has long failed to deliver outcomes” in sexual assault cases,” she said.

“I knew the odds were stacked against me from the outset. In the ACT during 2020, only 16 per cent of sexual offences reported to police resulting in a charge. And of that 16 per cent – only half of that number again – resulted in a conviction. That is to our national shame.”

Crisis support is available from Lifeline on 13 11 14.

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