Brittany Higgins secret $2.44 million compo deal to be released

Brittany Higgins had hopes to enter politics herself according to documents outlining her $2.445 million compo deal.

For the first time, the documents reveal that the total amount paid by taxpayers was $2.445 million - not the $2.3 million Ms Higgins mentioned in Court.

Ms Higgins gave evidence that after taxes and legal fees were paid she received closer to $1.9 million net.

“The claimant was successful and progressing in her career,‘’ the document states.

“The claimant had a reasonable expectation of being promoted regularly and to eventually pursue her own political career, before suffering from the injuries and disabilities.”

It states she will need fortnightly psychiatric appointments at an estimated rate of $285 a session and requests compensation for friends and family who have to provide domestic support.

The new documents make clear that the payout was based entirely on her evidence of disputed claims that Liberal frontbenchers Linda Reynolds and Michaelia Cash and her chief of staff Fiona Brown handled the matter poorly.

Ms Brown is expected to give evidence and contest these accounts. She has previously told the ACT Supreme Court she strongly urged her to report the matter to police and later took her to speak to the AFP.

The document claims that Ms Higgins was dissuaded from going to police - an idea strongly rejected by Ms Brown and Senators Cash and Reynolds who will not be giving evidence.

The documents prepared by Ms Higgins legal team also states that after the alleged rape that Scott Morrison’s political fixer Yaron Finkelstein was a regular prescence in the office to deal with the fallout.

News.com.au understands that Mr Finkelstein was not in the office after the alleged rape and was also not aware of the allegation until years later.

Ms Higgins told news.com.au in January, 2021, that it was Mr Morrison’s chief of staff John Kunkel who was in the office, not Mr Finkelstein.

Mr Kunkel also denies ever knowing anything about the rape and maintains he was called in to deal with Mr Lehrmann’s dismissal, but was not aware of a sex assault claim.

Secret Higgins $2.44m compo details revealed

The Federal Government swiftly paid Brittany Higgins $2.44 million on a “no admissions” basis after her abandoned rape trial and following a complaint against her former bosses Linda Reynolds and Michaelia Cash.

A legal document outlining the compensation deal was released by the Federal Court late on Thursday after Justice Michael Lee ruled it was clearly relevant to Ms Higgins evidence the government admitted liability.

The document 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.

Her former boss Linda 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.

The documents confirm that the matter was resolved at a mediation on the 13th December 2022 and that Ms Higgins and the parties agreed that the settlements are confidential.

Ms Higgins’ lawyer Noor 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 states.

“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 Miss 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.”

“To have her very personal medical information disclosed when it is not a relevant issue in the proceedings. we say is fundamentally the fact of that makes it appropriate to make these orders,’’ Mr Owen said.

Justice Michael Lee confirmed the decision on Thursday insisting that it was relevant to Ms Higgins evidence that the Commonwealth had admitted liability about the way the rape allegation was handled.

Ms Higgins reached a settlement with the Commonwealth on December 12, 2022, shortly after the collapse of the criminal trial when the DPP announced he would not proceed with a second trial based.

The decision was based on advice from Ms Higgins psychiatrist about the impact of her being forced to give evidence a second time.

Earlier, Justice Lee said the settlement deed shows a “disparity between the evidence she gave in these proceedings and the truth of the matter.”

“It’s been widely reported you received over $2 million,” Mr Lehrmann’s barrister Mr Whybrow, SC, asked Ms Higgins on Tuesday.

“That’s what’s been reported,” she replied. “I received $1.9 million.” She later said it was “around $2.3 million”, but taxes and legal fees took part of it.

“You accept you made money being a person who made an allegation of sexual assault,” Mr Whybrow asked.

“That’s true,” Ms Higgins replied.

Mr Whybrow: “As you sit there today, there’s never been a finding as to whether your allegations were true or not.”

Ms Higgins: “The Commonwealth admitted they breached their duty of care, and they didn’t go through proper processes. That’s why they settled with me.”

Justice Michael Lee said it was appropriate to redact the bank account details on the document.

Earlier, Lisa Wilkinson’s barrister Sue Chrysanthou SC objected to the document being tendered in Federal Court.

But Justice Lee said it was “substantially relevant.”

“It’s pretty relevant in a number of ways,” he said.

“I must say to you that I would need great persuasion for that document not to [be released] in circumstances given the evidence given by the witness.”

Higgins could be recalled over $2.44m compensation

Mr Lehrmann’s barrister Steve Whybrow has told the Federal Court he wants to recall Ms Higgins to the witness box to cross examine her over her $2.44 million compensation payout.

The cash figure was revealed for the first time this week as Ms Higgins was grilled on the confidential payout.

Ms Higgins’ lawyer Leon Zwier was also required to provide a copy to the Federal Court.

“Do you propose to make an application to further re-examine Ms Higgins in relation to the document or not,” Justice Michael Lee said on Wednesday.

“Yes,” Mr Whybrow SC replied.

The document was not previously available to legal counsel before Ms Higgins was in the witness box.

Justice Lee admonished Mr Lehrmann’s legal counsel noting that on more than one occasion he urged the applicant to seek third party discovery and suggesting if they had they would have had access to it earlier.

“So you would have had a list of documents well in advance, you would have been able to inspect the state well in advance of the hearing, but a forensic decision was made by the applicant,” he said.

“Notwithstanding I said I was prepared to make such an order (you did) not seek it.”

Justice Lee said he could consider whether or not Ms Higgins should be recalled.

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“But in any event, there’s no reason why the document can’t be tendered,” he said.

Justice Lee said he would not allow public or media access to the document until about 4pm today.

Parties may make submissions for non-publication or suppression before that time, but otherwise the document will be released.

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