The Liberal frontbencher Michaelia Cash has accused Anthony Albanese of denying her the right to defend herself before the government paid Brittany Higgins a personal injury settlement worth $2.45m.
The formerly confidential settlement document was revealed on Thursday in Bruce Lehrmann’s federal court defamation trial against Network Ten and Lisa Wilkinson.
In the outline of the particulars of the liability, submitted as part of the settlement by lawyers on behalf of Higgins, it said Cash was informed about Higgins’ allegations in October 2019 after a journalist made inquiries to the then Liberal minister Linda Reynolds about a sexual assault that allegedly occurred in the minister’s office.
Higgins’ role was moved into the office of Cash, then skills minister, in the weeks following the alleged rape.
In the document, Higgins’ lawyers also claimed members of Cash’s office, including Cash herself on 10 November 2020, began checking in on Higgins, but only “out of concern she might speak to the press”.
Cash told 2CC radio on Friday that Albanese had to answer “serious questions” about why evidence was not sought from her and Reynolds as part of the personal injury claim. She said she was directed by the attorney general, Mark Dreyfus, not to participate in the mediation.
“I was directed by attorney general Mark Dreyfus not to participate in the mediation,” Cash said. “Not only was I or my staff not allowed to participate in the mediation, we were never asked for our version of events.
“My understanding is that the settlement was made after one day of mediation,” Cash added. “That is highly unusual when you are stepping on the basis of one person’s versions of the event … the commonwealth did not admit liability.”
“Let me be very, very clear. It is now up to the prime minister, Anthony Albanese, to explain why his government paid out $2.4m while relying only on one side of the story.”
In Lehrmann’s criminal trial last year, Cash denied that she knew of the alleged rape more than a year before it became public. Cash told the criminal trial she first learned of the alleged rape almost 18 months later, in February 2021, when Higgins told her “out of the blue” prior to resigning.
Lehrmann is now suing Network Ten and Lisa Wilkinson for defamation over an interview with Higgins broadcast on The Project and online. The interview, which did not name Lehrmann, alleged she had been raped by a Liberal staffer in 2019.
Lehrmann has denied raping Higgins and pleaded not guilty to a charge of sexual intercourse without consent. His criminal trial was abandoned due to juror misconduct and a second trial did not proceed due to prosecutors’ fears for Higgins’ mental health.
The settlement with the federal government states Higgins is still able to make claims against Reynolds and Cash in relation to any actions that do not relate to the performance of their ministerial duties.
Higgins’ outline in the settlement said she was experiencing difficulty and ongoing panic attacks entering Parliament House through the same ministerial entrance the night she was allegedly raped, the settlement says. After she informed Cash, the minister “indicated to the claimant that, in effect, she had to ‘suck it up’”, the settlement says.
The outline also states that Cash did not inquire as to whether Higgins was receiving medical, counselling or other psychological support after the alleged assault, nor did Cash offer to arrange any assistance.
The $2.4m settlement included $400,000 for “hurt, distress, and humiliation” suffered by Higgins and which arose from alleged conduct during her employment and prior to her termination.
It also included $1,480,000 as a “capital payment” due to Higgins’ loss of earning capacity, $220,000 as a reimbursement for medical and “like expenses” after the alleged assault, $100,000 for past and future domestic assistance and $245,000 as a reimbursement of Higgins’ legal costs and disbursements.
During cross-examination earlier in the defamation case, Higgins revealed she had received $1.9m from the commonwealth after putting in a personal injury claim.
The total amount of the payment was higher – $2.3m – but legal fees and taxes were taken out of that, she said.
“Yes, I received money from the commonwealth,” Higgins said. “They came to an agreement that a failure of a duty of care was made and they did pay me.”
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