How key facts at centre of Higgins compo payout were wrong (2024)

A judge has ruled that Brittany Higginswon her $2.445 million settlement payout from the Commonwealth despite making a number of false claims.

Ms Higgins succeeded in her multimillion-dollar claim over the way she was allegedly treated by her former bosses, Coalition senators Linda Reynolds and Michaelia Cash, after she disclosed her rapeto them.

She received the settlement on December 13, 2022 - just ten days after the ACT's top prosecutor dropped the sexual assault charge against Bruce Lehrmann, who was accused of raping her in Parliament House on March 23, 2019.

Her rape claims were unproven at the time of settlement and her former bosses were barred from mediation talks, despite the many claims made about them.

On Monday,Federal Court Justice Michael Lee found on a balance of probabilities that Ms Higgins had been raped by Lehrmann in much the way she described on television, in published articles, in two courts, and to police.

The finding marked the end of Lehrmann's defamation case against Network Ten and television host Lisa Wilkinson, which was launched over the initial broadcast of Ms Higgins rape claims in 2021.

Ms Higgins' confidential $2.445million deed was tendered to the court during the hearing, including all the untested claims she made to win the money.

Why the false claims were cast aside

Justice Lee said in his findings that Ms Higgins made a number of representations in the settlement that were untrue, but he didn't put too much weight on them because she herself was not on trial.

He stressed that his role was to determine whether Network Ten had defamed Lehrmann, which meant assessing whether Ms Higgins was being truthful about her rape claims.

The judge said it was not his role to comment on the amount of money she won, the way the settlement was reached, or the scope of her claim - his focus was only on whether her evidence was believable.

He said: 'I do not consider it necessary nor appropriate that I attempt to characterise or reach any legal conclusion as to Ms Higgins’ conduct in giving the warranties contained in the Commonwealth Deed.

'I am only dealing with issues as to credit.'

Justice Lee said her core rape claims had remained 'materially the same' every time she retold the story.

The false claims

While Justice Lee found that her central rape claims were true, he did find that a number of her other claims outlined in the deed were false - including allegations of a political cover-up by her bosses.

The false claimslargely revolved around then-defence industry minister Linda Reynolds, whose office she was raped in, and her chief of staff Fiona Brown.

She had primarily accused them of failing to support her after she told them she was raped, within the days and weeks after her assault.

The judge pointed to one claim in the deed about CCTV in Parliament House, captured on the night Ms Higgins and Lehrmann entered the ministerial suite.

In the deed,Ms Higgins had said Ms Brown told her the CCTVdemonstrated that she was 'visibly drunk' when entering the ministerial wing, and that Lehrmann had not been drinking.

She also claimed Ms Brown 'rebuffed' her request to view the footage.

Justice Lee found these claims were incorrect. Further, there is CCTV of Lehrmann drinking at the pub earlier in the evening.

Ms Higgins had also incorrectly stated Yaron Finklestein, who was the principal secretary to the Prime Minister, was a 'regular presence' in Senator Reynolds' office.

She further claimed MrFinklestein was advising Ms Brown on 'how to deal' with Ms Higgins about her rape, which the judge did not accept.

Other claims spoke to a lack of support from Ms Brown about her rape, including that she was told she would lose her job if she pursued her rape complaint, and that Ms Reynolds ignored her during an interstate election campaign trip.

Ms Brownwas one of the only witnesses in the case to receive a large amount of praise from Justice Lee.

He found she had shown 'integrity'in her handling of Ms Higgins' case, and resistedpolitical pressure to report the incident to the Australian Federal Police.

'Despite Ms Brown facing sustainedpressure from her Minister and one of the Minister’s colleagues to report the incident to the AFP – even though she was unsure an allegation was then being made of rape and irrespective of the wishes of Ms Higgins – she pushed back,' the judgement read.

The $2.445million payment

The bulk of the $2.445million payment was for about 40 years worth of lost wages.

The deed says: 'Apart from one day, the claimant has not worked since February 8, 2021.'

'The claimant has been diagnosed as medically unfit for any form of employment and has been given a very poor prognosis for future employment.'

Ms Higgins also landed a $325,000 book deal with Penguin Random House the following month.

She got an advance worth $108,000 at the time, and was promised the rest upon completion.

The book, tentatively titled #notjustadaughter, was drafted but has been shelved due to legal proceedings.

It is unclear whether the book will go ahead in the wake of the defamation ruling.

The judgment

Lehrmann sued over Ms Higgins' interview on The Project in February 2021.

He wasn't named in that broadcast but claimed friends and colleagues were able to identify him as Ms Higgins' rapist. He strongly denied raping Ms Higgins and launched defamation actionin a bid to clear his name.

However, on Monday, Justice Lee found that Lehrmann brought Ms Higgins back to a 'secluded place', being the ministerial suite, after a night out with colleagues for the purpose of having sex with her.

He said Lehrmann was 'hell-bent' on having sex with Ms Higgins, that he knew she was very drunk and didn't consider whether she consented to sexual intercourse.

In his judgment, Justice Lee said Ms Reynolds and her chief-of-staff Fiona Brown did not try to cover up Ms Higgins' rape allegations.