Brittany Higgins' husband David Sharaz could have avoided facing financial ruin if he apologised to Linda Reynolds over two tweets and agreed to three other demands,legal documents show.
Lawyers acting for Liberal senator Linda Reynolds sent Mr Sharaz a concerns notice - which is the first step in a defamation claim - on January 6,2023,over two social media posts that allege she bullied his wife.
Ms Higgins,a former Liberal staffer,was raped in Ms Reynolds' office in Parliament House in 2019 and has maintained the senator tried to cover up the assault,and made her choose between her complaint and her political career.
Despite Ms Reynolds strongly contesting the allegations against her,the couple continued to perpetuate the claims using their public social media platforms.
The senator then launched defamation proceedings against them both,but Mr Sharaz conceded defeat in April citing financial issues. He will have to pay Ms Reynolds' legal fees,as well as his own,along with any damages.
But documents released by the court on Wednesday,amid the case against Ms Higgins,show that he could have avoided financial turmoil if he complied with Ms Reynolds' requests in the first place.
The concerns notice identified two allegedly defamatory tweets authored by Mr Sharaz in January and December 2022.
Brittany Higgins (right) and David Sharaz (left) were pictured leaving David Malcolm Justice Centre in Perth on Wednesday night after a nine-hour mediation
Attempts to resolve the matter in March via mediation were unsuccessful. Mr Sharaz conceded defeat in April.
'Despite our best efforts,Linda Reynolds has not accepted attempts to resolve this matter through mediation,and Brittany may now be exposed to another trial. It will be her third,' he said in a statement.
'I cannot afford to pay legal costs to defend myself over a six week trial.
'As a result I have today informed the court that I will not fight Reynolds' legal action any more.
'I now appeal for Senator Reynolds to settle her litigation against Brittany,a rape victim,by agreeing to disagree and putting all of this behind them. It's time to move on.
'It's time to let Brittany heal.'
Costs are yet to be determined,but he will likely owe the senator significantly more money now than he would have if he complied with her demands last January.
Ms Higgins' trial is currently being heard in the WA Supreme Court. She will give evidence in the final week of August.
In April,a Federal Court judge found on a civil scale that Lehrmann raped Ms Higgins in Parliament House in 2019. He is appealing the decision.
1. Sign an apology and retraction of the tweets.
2. Sign a form promising not to make further false or defamatory publications about Ms Reynolds.
3. Pay Ms Reynolds' reasonable legal costs associated with preparing the concerns notice and finalising the matter.
4. Pay an appropriate sum to compensate Ms Reynolds for reputational damage by publication of the tweets.
Brittany Higgins
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