Senator Linda Reynolds has launched another lawsuit against Brittany Higgins and the company overseeing the trust fund protecting the former political staffer’s multimillion-dollar payout.
Ms Higgins received a $2.4 million commonwealth compensation payment in December 2021 for hurt and distress, lost earnings, medical expenses and legal fees following her alleged rape in Parliament House.
According to a writ lodged in the West Australian Supreme Court by Senator Reynolds’ legal team, Power Blazers Pty Ltd acts as trustee for the Brittany Higgins Protective Trust.
The company was appointed to the role after Ms Higgins retired as trustee in February 2022 and her father and a friend are understood to be directors.
Senator Reynolds claims the trust was created "with the intention of defeating or delaying" Ms Higgins' creditors, of which she is one.
The senator wants the court to void the trust and for the money, which is believed to be a significant portion of the $2.4 million payout, to be transferred back into Ms Higgins' control ahead of a judgement in her ongoing defamation battle against her former employee.
"(We) seek to have what remains of the $2.4 million returned into the estate of Ms Higgins in the event Senator Reynolds was successful in this action it would be available under the Civil Judgement Enforcements Act to recover against," the senator's lawyer, Martin Bennett, told reporters outside the court in reference to her claim for aggravated damages.
The fresh lawsuit comes as the defamation trial over a series of social media posts, that Senator Reynolds believes damaged her reputation, edges closer to a conclusion.
Mr Bennett was denied a late bid in court on Thursday to call the psychiatrist who authored a report used to help determine Ms Higgins' $2.4 million federal government payout to give evidence.
Mr Bennett told the court a document subpoena had revealed doctor Julio Clavijo wrote two reports in early 2022 about Ms Higgins on the same day that were significantly different.
The Perth court heard the doctor's evidence and details about his communication with Ms Higgins' lawyers at the time were relevant to one of the former staffer's Instagram posts.
The senator believes a post on July 4, 2023 carries imputations she engaged in a campaign of harassment towards Ms Higgins.
Ms Higgins' defence to the defamation claim for that post is truth, pointing to the senator's public statements questioning her compensation settlement with the Commonwealth.
This includes Senator Reynolds' remarks that the payment and the circumstances leading to the settlement should be referred to the National Anti-Corruption Commission.
The senator has said her concerns are serious and reasonable, including that she was not shown Ms Higgins' allegations against her before the settlement and she had a right to question it.
But Justice Paul Tottle said any evidence the doctor could provide would be too remote from the harassment issue to help him make his judgement.
"Whether (Senator Reynolds) engaged in a campaign of harassment towards (Ms Higgins) will be resolved by reference to what the (senator) did," he said.
Mr Bennett asked for leave to refer the reports to the National Anti-Corruption Commission.
That matter will be determined in the coming weeks.
