The Commonwealth government admitted no liability in its previously confidential multimillion-dollar settlement with Brittany Higgins, court documents have revealed.
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A deed of settlement published by the Federal Court on Thursday evening shows Ms Higgins was awarded $2.445 million in lieu of seeking legal action following her alleged rape inside Parliament House in 2019.
She received $400,000 for "hurt, distress and humiliation" and $1.48 million relating to her loss of earning capacity.
Ms Higgins claimed she suffered "severe psychiatric injuries" while employed at Parliament House and accused federal government staffers of committing "acts of unlawful victimisation".
The remainder of her payout was divided between "medical and like expenses", domestic assistance and $245,000 for legal costs.
Ms Higgins' total settlement figure was larger than she recalled from the witness box earlier this week, when she estimated it had been about $2.3 million.
But the settlement figure wasn't Ms Higgins' only mistake when the deed came up during Bruce Lehrmann's defamation proceedings against Network Ten and Lisa Wilkinson.
"[The Commonwealth government] came to an agreement that a failure of a duty of care was made and they did pay me," Ms Higgins told the Federal Court on Tuesday.
The deed, documents show, was made "without any admissions of liability by any of the beneficiaries", being the Commonwealth of Australia, Senator Linda Reynolds and Senator Michaelia Cash.
A draft statement of particulars document named the two senators, the government and then-Prime Minister Scott Morrison as respondents.
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The newly-published document stated Ms Higgins was subjected to "damaging conduct by the respondents" following her report of the alleged sexual assault.
That conduct, the document claims, included failing to provide adequate support, pressuring Ms Higgins not to discuss the assault or the government's handling of it, and workplace bullying and harassment.
"[Ms Higgins'] hurt, distress and humiliation has been exacerbated as a result of the manner in which the individual respondents behaved at the time of the assault and during the subsequent handling of the matter," the draft statement of particulars stated.
"As well as a result of the toxic and harmful culture and work environment that [Ms Higgins] was subjected to by the respondents."
Mr Lehrmann has always denied raping Ms Higgins when the pair worked for the then-defence industry minister.
No findings have been made against him.
His criminal trial was aborted last October due to juror misconduct, with the charge levelled at him later discontinued over concerns for Ms Higgins' mental health.
Tim Piccione
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
