Fiona Brown, the former chief of staff to then-defence minister Linda Reynolds, has settled a lawsuit against the Commonwealth for $1.48 million. The settlement resolves claims that Brown was not permitted to publicly defend herself against allegations of involvement in a political cover-up concerning Brittany Higgins' alleged rape in a ministerial office in 2019.
Justice Michael Lee of the Federal Court previously found in April 2024 that there was no evidence of the cover-up alleged by Higgins, though he did find on the balance of probabilities that Lehrmann raped her. Lehrmann has consistently denied the allegations. A criminal trial in 2022 was halted due to juror misconduct, and no findings were made against him.
Brown initiated her lawsuit in November of the previous year, alleging that then-prime minister Scott Morrison and senior staff prevented her from responding to claims that she was not properly supported after Higgins reported the rape. The matter was resolved through mediation, and the settlement includes $450,000 in general damages for hurt, humiliation, and distress, $490,000 for lost future earning capacity and employment opportunities, $40,000 for medical expenses, and $500,000 for legal fees.
The Commonwealth did not accept liability or issue an apology to Brown as part of the settlement. Brown stated that while she considers the payout fair, it does not compensate for the personal toll the case has taken on her, including the loss of her career, independence, and identity. She expressed a desire not to spend the remainder of her life fighting the case.
Justice Lee's earlier judgment had noted Brown's compassion and integrity in handling Higgins' complaint, countering her being "vilified as an unfeeling apparatchik" during previous proceedings. Brown's standing was further bolstered by a Western Australian Supreme Court ruling that favored Senator Reynolds in her defamation case against Higgins, rejecting claims that Reynolds participated in a political cover-up.
Brown indicated that she has not received an apology from Brittany Higgins, members of the Labor party, or TV presenter Lisa Wilkinson, who first aired the allegations. She did, however, attend the premiere of Higgins' documentary "Silenced," wearing a t-shirt that read "Untold Story," and reported a pleasant conversation with Wilkinson at the event, which she felt helped to put the matter to rest. Brown commented that apologies appear rare in Canberra and must be genuine, not conditional.