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An important decision is imminent in the case against Higgins

The long-running defamation battle between Senator Linda Reynolds and her former staffer Brittany Higgins enters its third week in the Supreme Court of Western Australia on Monday.

Senator Reynolds is suing Ms Higgins and her husband David Sharaz over a series of social media posts the couple made in 2022 and 2023.

In the posts, Senator Reynolds criticized the handling of Ms Higgins' allegation that she was raped by her then colleague Lehrmann in Parliament House in 2019.

The defamation trial against Senator Linda Reynolds and Brittany Higgins has entered its third week. Image: NewsWire / Sharon Smith

The defamation trial against Senator Linda Reynolds and Brittany Higgins has entered its third week. Image: NewsWire / Sharon Smith

He was charged with rape and was scheduled to go on trial in 2022, but the trial was canceled due to jury misconduct.

The charges were dropped and Mr Lehrmann continues to maintain his innocence.

Mr Lehrmann lost a civil defamation case in April this year when the Federal Court found with near certainty that Mr Lehrmann had raped Ms Higgins in Parliament House. He has appealed against that ruling.

Brittany Higgins' lawyers, Rachael Young and Kate Pedersen, arrive at the Washington Supreme Court. Image: NewsWire / Sharon SmithBrittany Higgins' lawyers, Rachael Young and Kate Pedersen, arrive at the Washington Supreme Court. Image: NewsWire / Sharon Smith

Brittany Higgins' lawyers, Rachael Young and Kate Pedersen, arrive at the Washington Supreme Court. Image: NewsWire / Sharon Smith

On Monday, Judge Tottle will decide whether the senator's former chief of staff, Fiona Brown, must testify in person at the trial.

Dominique Hogan-Doran, Ms Brown's senior legal counsel, submitted a confidential report and a medical certificate to the court last week requesting that she be excused from giving evidence in court.

Ms Brown is expected to be able to give her evidence in the form of a written statement.

Ms Higgins' lawyer Rachel Young said they had no problems with the arrangement proposed by Ms Brown and did not want to inconvenience her by calling her to court to give evidence.

Senator Linda Reynolds' attorney Martin Bennett outside the Washington Supreme Court during her defamation trial against former staffer Brittany Higgins. Image: NewsWire / Sharon SmithSenator Linda Reynolds' attorney Martin Bennett outside the Washington Supreme Court during her defamation trial against former staffer Brittany Higgins. Image: NewsWire / Sharon Smith

Senator Linda Reynolds' attorney Martin Bennett outside the Washington Supreme Court during her defamation trial against former staffer Brittany Higgins. Image: NewsWire / Sharon Smith

She said that as long as the statements made by Ms Brown's lawyers were consistent with those made in court and were accurate, they would not oppose Ms Brown's release.

Mr Bennett said he did not expect a dispute and agreed to the injunction.

He also told the court that the witness list may be processed sooner than expected, which could result in Ms Higgins being able to give evidence before 26 August.

Her defense attorney and Judge Tottle are likely to oppose this as it could be difficult for them for logistical reasons.

The process continues.

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