Linda Reynolds targets former Attorney-General Mark Dreyfus in Higgins lawsuit
The retiring former Liberal minister in May launched action in the Federal Court against the Commonwealth, with the crux of the claim over the $2.4m compensation payment to Brittany Higgins in 2022.
Senator Reynolds argued the payment was 'publicly affirming' of Ms Higgins allegations against her that she didn't support her former staffer when she alleged she was raped by Bruce Lehrmann.
The Federal Court has found Mr Lehrmann raped Ms Higgins on the civil standard of the balance of probabilities. A criminal trial was aborted due juror misconduct and a charge against him was dropped.
Mr Lehrmann has always denied the allegation and is appealing the Federal Court's finding.
An amended version of Ms Reynolds statement of claim was filed on Wednesday, just a day before the National Anti-Corruption Commission (NACC) said there was 'no corruption issue' in the $2.4m payment.
The NACC on Thursday announced there was 'no evidence that the settlement process, including the legal advice provided, who was present at the mediation, or the amount was subject to any improper influence by any Commonwealth public official'.
Senator Reynolds' amended statement of claim was made public late on Thursday afternoon.
Among the changes is a reference to a speech by Mr Dreyfus the then Attorney-General made to parliament on March 15, 2021. Mr Dreyfus is not a party to the claim.
Mr Dreyfus recounted to the House of Representatives a speech by Ms Higgins just outside Parliament House, where she told a large crowd she was raped inside the building by a colleague, and how her story was 'a painful reminder to women that it can happen in Parliament House and can truly happen anywhere'.
'If a woman cannot feel safe from rape in Parliament House, a veritable fortress ringed with security cameras, with entrances protected by armed guards and with Federal Police officers on duty inside, where can women feel safe?' Mr Dreyfus told the House of Representatives, according to a transcript excerpt in the claim.
'How strong is the rule of law if it isn't able to protect a young woman working in the ministerial wing of Parliament House?'
The amended statement of claim argued Senator Reynolds had suffered loss and damage as a result of Mr Dreyfus' conduct, including denying her the opportunity to rebut Ms Higgins' allegation 'in the appropriate forum'.
It also argues Mr Dreyfus 'enabled and encouraged the falsity of Ms Higgins' claim to be maintained by Ms Higgins'.
HWL Ebsworth, which acted on the Commonwealth's behalf, is also being sued by Senator Reynolds for negligence.
Lawyers on behalf of Senator Reynolds argued HWLE breached its fiduciary duty to her by excluding her from the mediation conference where the $2.4m settlement was reached, and failing to conduct independent investigations to establish if there was 'at least a meaningful prospect of liability' by Ms Higgins.
However, similar alleged breaches initially put forth against the Commonwealth were withdrawn in the amended document, with it now largely focusing on allegations of Mr Dreyfus' misfeasance of public office and alleged breaches of HWLE.
Mr Dreyfus has been contacted for comment.
He earlier welcomed NACC's statement.
'The NACC has conclusively found there was no improper interference by any Commonwealth official at any stage,' Mr Dreyfus said.
'I regret the baseless allegation of corruption has been so widely publicised ahead of this finding and hope future matters can be resolved in a more timely manner.
'I also regret any further distress caused to Ms Higgins as a result of this matter.'
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