Crankyhawk
Brownlow Medallist
If I am interpreting what you are saying it’s that both sets of lawyers in the Reynolds/Higgins case believe that the outcome of the current lerhmann case is to help the Higgins side re credibility?Statements made by Justice Lee during this week's Wilkinson hearing on costs about the major credibility issues of the testimonies of BOTH Bruce Lehrmann and Brittany Higgins have had a flow on effect of Senator Linda Reynolds defamation action against her former staffer Ms Higgins and her partner David Sharaz for comments made on social media.
WA Supreme Court Justice Marcus Solomon had urged Reynolds and Higgins/Sharaz to take their dispute to mediation rather than bogging down the courts with a trial process. That mediation hearing was scheduled to take place on 5 March.
However, on hearing the credibility concerns raised by Justice Lee, Justice Solomon called an urgent meeting of the parties yesterday, saying the Lee's decision and findings in the Lehrmann defamation trial (which Lee said will be delivered 'sometime in March') may have implications for the mediation and floated the possibility that it may need to be postponed until after that takes place.
“From reading the pleadings in this matter, my understanding is that there is not an insignificant amount of overlap between the issues,” Justice Solomon said. “I will repeat now, ad nauseam, that we must create the best environment for the resolution of this matter in an out-of-court settlement.”
Linda Reynolds’ lawyer (who was initially vehemently opposed to mediation) said they were opposed to a delay of the mediation saying that there was every chance Lee’s findings may not be handed down until late March, and calendar conflicts may prevent the mediation from proceeding in April also saying he did not believe there was a significant overlap between the 2 defamation actions, saying "The Lehrmann trial centred around events of that evening (the alleged rape), and we’re not concerned with that. We’re concerned about the events that followed involving my client, and we see all those matter as not being directly impacted by those findings.”
However, both Higgins and Sharaz's lawyers agreed with Justice Solomon's concerns and his assessment that the mediation should be deferred- stating that facts and credibility matters likely to be addressed by Lee’s findings were relevant and could enhance the success of mediation.
Justice Solomon said the parties should discuss the matter and come back with a decision on a possible deferral.
Pretty obvious to me that there is a tactical issue at the heart of this rather than diary conflicts.
Linda Reynolds wants the mediation to take place BEFORE the Lehrmann defamation action is decided because her lawyers believe that gives her the strongest chance of a successful result in her damages claim. Higgins and Sharaz lawyers believing that their clients' defence is best served by having mediation AFTER Justice Lee delivers his findings on the Lehrmann defamation action.
Judge calls urgent hearing amid fears Lehrmann trial may derail Reynolds, Higgins peace talks
Long-awaited peace talks between WA Liberal Senator Linda Reynolds, her former staffer Brittany Higgins and partner David Sharaz may be postponed.www.theage.com.au