Linda Reynolds is suing Brittany Higgins for social media posts in which the former Liberal staffer made complaints against the senator.
The Western Australian supreme court confirmed on Thursday that Reynolds had filed a writ for defamation against Higgins.
It follows an earlier threat by Reynolds that she would sue over two posts, one on Instagram on 4 July and another on Twitter on 20 July, which she said had defamed her.
Court documents show Reynolds is also alleging that Higgins’s posts were in breach of a settlement and release signed in March 2021. That settlement allegedly contained a non-disparagement clause.
The former cabinet minister is also seeking an injunction to prevent further defamatory publications or breaches of the clause.
She is seeking damages including interest on damages at the rate of 6% from the date of publication to the date of judgment, costs and “such further or other relief as to this Honourable Court may seem just”.
Reynolds confirmed that she had commenced proceedings for alleged defamation and breach of contract. She said she had received a “wholly unsatisfactory response” from Higgins’s lawyers.
“Ms Higgins continues to use the media to make defamatory comments about my conduct notwithstanding the existence of facts and evidence to the contrary and without regard to a non-disparagement clause she agreed to,” Reynolds said in a statement.
“The concerns notice issued on 5 July 2023 to Ms Higgins requested, amongst other things, that she refrain from defaming me, however her conduct following receipt of that notice including her post of 20 July and the unsatisfactory response received from her lawyer is evidence that she has no intention of stopping.”
Higgins was approached for comment.
Higgins, who has since deleted her Twitter account, said last month that she had received a concerns notice from Reynolds.
“I’ve just received a concerns notice from [Linda Reynolds] threatening defamation over an Instagram story,” she tweeted. “I’m considering my legal options.”
Reynolds said at the time that the concerns notice had been a “private communication, which she has chosen to make public”.
“Ever since Ms Higgins first made her allegations of rape public, I have been the target of unwarranted criticism and abuse,” Reynolds said last month.
“Until now I have not taken any action against her personally – even though I considered her words to breach our previous settlement agreement.”
“I have had enough.”
Bruce Lehrmann was accused of raping Higgins on a couch in Reynolds office in Parliament House. He pleaded not guilty and his first trial was abandoned due to juror misconduct. Prosecutors decided not to seek a second trial due to Higgins’s mental health. Lehrmann has vehemently denied the allegations and has maintained his innocence.
Reynolds is also suing Higgins’s partner, David Sharaz, for defamation over a series of social media posts. That case is also taking place in the WA supreme court.
