The implications of David Sharaz’s public declaration to bow out of his year-long defamation row with West Australian senator Linda Reynolds remain unclear, with his lawyers revealing not even they have “crystallised” what that means for the upcoming trial.
The former defence minister has been pursuing former staffer Brittany Higgins and her fiance, David Sharaz, for damages and aggravated damages for more than a year over several social media posts she claims were defamatory of her.
Senator Linda Reynolds says she will continue with her defamation lawsuit against Brittany Higgins and her fiance, David Sharaz, unless they accept findings there was no cover-up.Credit: Trevor Collens
Both had been defending the defamation case until almost a fortnight ago when Sharaz took to social media saying he could no longer afford to fight the action.
He penned a statement of claim to the WA Supreme Court cementing his position, stating “I will not fight Reynolds’ action any more”, which the court heard on Friday.
Sharaz’s lawyer, Jason MacLaurin, revealed the parties were still trying to determine what that meant for the proceedings during a strategic conference on Friday.
MacLaurin stressed that his client’s reluctance to participate in the row did not extend to matters that might assist its resolution, including his “great hope” in the trio’s second attempt at private peace talks on May 21.
The court was told Sharaz had missed a deadline to file his witness statement outline, would not comply with any further directions and was unlikely to retain legal representation beyond the mediation — meaning the matter would proceed uncontested.
But his lawyers indicated he might want to reserve the right to participate in the assessment of what damages Reynolds might be owed, based on how Higgins’ case unfolded.
Reynolds’ lawyer, Clinton Russell, called on Sharaz to front court via a video link so parties could “hear it from the horse’s mouth”, arguing there was no room for misunderstanding.
Justice Paul Tottle rejected the push, but stressed both the court and Reynolds were entitled to clarity on Sharaz’s position given the likely ramifications for the six-week trial set down for July 24.
The hearing comes days after Reynolds opened up a new battlefront in her pursuit of damages against her former staffer.
Reynolds has asked the court to find out who controlled a trust she claims Brittany Higgins set up to protect the $2.4 million she won in compensation from the federal government for her rape in Reynolds’ office and the subsequent toll on her mental health and lost earnings.
The former defence minister is hoping to have the trust set aside amid fears it may prevent her from getting damages, should she win the case.
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