Fiona Brown, the former chief of staff to then-defence minister Linda Reynolds, has settled her case against the Commonwealth. Brown alleged that the Morrison government failed to protect her after Brittany Higgins reported being raped in Parliament House.
In 2019, Higgins alleged she was raped by former colleague Bruce Lehrmann in Senator Reynolds' office. Federal Court Justice Michael Lee found in April 2024 that there was no evidence of a cover-up as alleged by Higgins, but that Lehrmann had raped her on the balance of probabilities. Lehrmann has consistently denied the allegations, and a criminal trial was abandoned due to juror misconduct.
Brown initiated her proceedings against the Commonwealth in November of the previous year, asserting she was not adequately protected during the fallout from the Higgins case. She claimed she was prevented from responding to assertions that Higgins was not properly supported after reporting the sexual assault. According to court filings, Brown alleged she felt "frightened and intimidated" after then-Prime Minister Scott Morrison reportedly refused to speak with her, except for one occasion when he stated they had conferred. Senior advisers to Morrison allegedly told her not to defend herself, stating it would "kick the story along," and that senior male members of the government had "thrown her under the bus."
Her suit further alleged that staff "decided to withhold" media inquiries for her and did not run a statement prepared on her behalf by the media. Brown stated in her filing that she experienced psychiatric injury, suffering from post-traumatic stress disorder and depressive illness. She alleged she was made to take the blame as the Morrison government responded to claims of a cover-up.
The Commonwealth's defense filing did not deny Brown's claims but stated it "does not know and cannot admit" the allegations. Commonwealth lawyers argued that political and policy decisions made by the prime minister and ministers cannot be characterized as "employer" functions on behalf of the Commonwealth. They also raised parliamentary privilege and rejected Brown's claim of harm.
Had the matter proceeded to a Federal Court trial, which was anticipated for 2027, former Prime Minister Scott Morrison would have been required to give evidence under oath. However, the case was resolved through mediation earlier in July with a confidential settlement.
This settlement concludes the final litigation stemming from Brittany Higgins' allegations, which have involved extensive court cases and compensation claims since 2021. A spokesperson for Attorney-General Michelle Rowland confirmed that an agreement had been reached, adding that further comment would be inappropriate due to privacy, legal privilege, and confidentiality obligations.
Brown's standing was also bolstered when the Supreme Court of Western Australia ruled in favor of Senator Reynolds in her defamation case against Higgins, dismissing allegations that Reynolds had been involved in a cover-up.
In a separate development, Higgins joined a coalition of 26 community services and legal academics advocating for reforms in New South Wales. They are calling for adult sexual assault complainants to have the option to pre-record their evidence, arguing that current court rules cause unnecessary harm and distress. Higgins stated that "Justice shouldn't require survivors to put their lives on hold" and that pre-recording evidence acknowledges the ongoing emotional burden carried by survivors awaiting trial.