Former Liberal Minister Linda Reynolds is considering seeking a court-ordered freeze of Brittany Higgins’ assets in the wake of her move to France.
Senator Reynolds — Ms Higgins’ former boss — is suing both Ms Higgins and her partner David Sharaz for defamation over social media posts on Twitter and Instagram.
Her lawyers wrote to Ms Higgins’ lawyer Leon Zwier on Tuesday signalling they plan to ask the Supreme Court of Western Australia for the freeze orders which restrain a party to a case from selling or moving assets while a legal action is still in process.
There is no suggestion that either defendant has done either of those things.
The correspondence follows Ms Higgins’ departure from Australia on Monday night to start a new life in France.
An extract of the letter sent to Ms Higgins was obtained by The Australian.
“If such reports are true, we consider that an application for freezing orders is appropriate,’’ the letter states.
“Please advise as a matter of urgency your client’s intentions in respect of her travel to France and your availability to confer in respect of our client’s proposed application.”
Ms Higgins, who secured a $2.44 million payout from the Albanese Government a year ago on her 28th birthday, is believed to have purchased her first home in the south of France for an estimated $600,000.
Ms Higgins told the court during her testimony that after she paid tax and legal fees to personal injury lawyer Noor Blumer she received $1.9 million.
If true, she should still have assets somewhere in the vicinity of $1.3 million, minus whatever living expenses she has used this year when she rented a home on the Gold Coast and took several overseas trips with Mr Sharaz to the Maldives, Paris and Geneva.
Senator Reynolds and Ms Higgins have been contacted for comment.
Western Australian Supreme Court judge Marcus Solomon has previously urged the parties to settle the defamation dispute.
Secret Higgins $2.44m compo details revealed
The Federal Government swiftly paid Ms Higgins $2.44 million last year on a “no admissions” basis after her abandoned rape trial and following a complaint against her former bosses Senator Reynolds and Michaelia Cash.
Both denied any wrongdoing.
A legal document outlining the compensation deal was released by the Federal Court confirms that the Commonwealth did not admit liability when it agreed to pay Ms Higgins $2.44 million.
“Without any admission of liability, the parties have agreed to resolve all claims by Ms Higgins against the beneficiaries relating in any way to the circumstances on the terms, set out in this deed, and note Ms Higgins does not attend to make a claim for compensation,‘’ the document states.
Senator Reynolds maintains she was stopped from disputing the claims before the payout was made.
The documents reveal that Ms Higgins legal team recommenced negotiations over a $2.44 million compensation payout on December 7, 2022, just five days after the rape trial was discontinued.
The Commonwealth signed the deed less than a week later following mediation talks.
Ms Higgins’ lawyer Mr Blumer had initially contacted the Commonwealth in December, 2021.
“We act for Brittany Mae Higgins who suffered various injuries during her employment and while working at Parliament House,” the letter stated.
“Ms Higgins’ injuries include serious psychiatric injury, which is ongoing and other loss including past and future economic loss.
“Ms Higgins’ injuries were caused by a combination of the now widely-publicised sexual assault by a co-worker that occurred on 23 March 2019 and the manner in which her co-workers, supervisors and others responded in the immediate days and then months following the sexual assault.
“Ms Higgins’ injuries have been exacerbated after the sexual assault became public, by the actions and the public statements made by senior members of the Australian Government, notwithstanding that Ms Higgins’ unusually brave and universally acclaimed decision to speak out about her experience has had enormous public benefit.
“As you will be aware the sexual assault is now the subject of criminal proceedings. Ms Higgins’ claims include, but are not limited to, the following: contraventions of -the Sex Discrimination Act 1984 (Cth), sex discrimination, sexual harassment and victimisation.
“The Commonwealth is also vicariously liable for the unlawful conduct of its employees and agents who engaged in the contraventions or by permitting the conduct to occur.”
In terms of a breakdown of the compensation, it lists $400,000 for her distress and humiliation suffered by from alleged conduct during the employment prior to the termination.
It also provides $1.48 million as a capital payment paid to Ms Higgins in respect of her loss of earning capacity and $220,000 as reimbursement for medical expenses and $100,000 for past and future domestic assistance.
There is also a payment of $245,000 as reimbursement of Ms Higgins legal costs and disbursements.
“At the present time, the only claim that our client has commenced to date is for ACT Victims of Crime Compensation,” the December, 2021 document states.
“She has received modest amounts to cover some of the expenses of her psychiatric treatment. Self-evidently, that compensation falls a long way short of compensating our client for the loss she has suffered and continues to suffer.
“Given the public interest in this case, the pending criminal proceedings against the alleged perpetrator and our client’s delicate state of health it would be appreciated if suitable persons with suitable authority contact the writer as a matter of urgency to discuss how to progress this matter confidentially. Medical and other material of a sensitive nature can then be provided directly on a ‘need to know’ basis.”
Ms Higgins reached a settlement with the Commonwealth in December 2022, shortly after the collapse of the criminal trial when the DPP announced he would not proceed with a second trial.




