Brittany Higgins has revealed she has received a defamation threat from her former boss Linda Reynolds over an Instagram post that included a list of complaints against the senator.
Reynolds has responded by accusing Higgins of “defamation of my character”.
“I’ve had enough,” she said in a statement on Thursday.
The war of words on Thursday is the latest twist in a long-running saga about Higgins’ allegation she was raped by a fellow Liberal staffer in Reynolds’ ministerial office in 2019. The staffer, Bruce Lehrmann, has vehemently denied the allegations and has maintained his innocence.
On Monday, Reynolds confirmed she still intended to refer the commonwealth’s settlement with Higgins to the National Anti-Corruption Commission (Nacc).
Higgins settled a personal injury claim against the government for an undisclosed amount in December. The amount has been reported as high as $3m, but Higgins has said it was substantially lower.
In an Instagram story on Tuesday, Higgins highlighted media coverage of Reynolds’ comments about the expected Nacc referral and said: “This has been going on for years now. It is time to stop … My former boss who has publicly apologised for mishandling my rape allegation. Who has had to publicly apologise to me after defaming me in the workplace … Who is suing my fiance for a tweet.”
On Thursday, Higgins tweeted: “I’ve just received a concerns notice from [Linda Reynolds] threatening defamation over an Instagram story. I’m considering my legal options.”
I’ve just received a concerns notice from @lindareynoldswa threatening defamation over an Instagram story.
— Brittany Higgins (@BrittHiggins_) July 6, 2023
I’m considering my legal options.
Reynolds responded in a statement confirming that on Wednesday her lawyers sent a concerns notice to Higgins.
“That was a private communication, which she has chosen to make public,” Reynolds said.
“Ever since Ms Higgins first made her allegations of rape public, I have been the target of unwarranted criticism and abuse.
“Until now I have not taken any action against her personally - even though I considered her words to breach our previous settlement agreement.”
“I have had enough.”
Lehrmann was charged with the alleged sexual assault of Higgins, which he denied.
An initial trial was aborted last year because of jury misconduct and prosecutors dropped the charges against Lehrmann amid concerns about the impact a second trial could have on Higgins’ mental health.
In 2021, Reynolds offered an unreserved apology to Higgins for her handling of rape allegations, telling parliament “no woman should have to go through what she has been through”.
Last year, Reynolds apologised to Higgins for calling her “a lying cow”, agreeing to pay legal costs and make a donation to a sexual assault charity as part of a confidential settlement with her former staffer.
In January, Reynolds sent a formal defamation complaint to David Sharaz, who is engaged to Higgins, over tweets her lawyers claim caused damage that “cannot be underestimated”.
Guardian Australia has contacted Reynolds for comment.
