Commonwealth settles workplace lawsuit brought by Fiona Brown in relation to Brittany Higgins allegations

The Commonwealth has settled a workplace lawsuit brought by former Liberal staffer Fiona Brown, avoiding a Federal Court trial that threatened to reopen the political fallout from the Brittany Higgins saga and place former prime minister Scott Morrison and his senior advisers under oath.The settlement brings to a close one of the final pieces of litigation arising from the Higgins affair, which has spawned multiple court cases, investigations and compensation claims since first erupting in 2021.The Australian first reported court documents showing the matter was resolved following mediation last week, with the terms of the settlement remaining confidential.Fiona Brown, Bruce Lehrmann and Brittany Higgins.Kate Geraghty, James Brickwood, Steven SiewertBrown, the former chief of staff to then-defence industry minister Linda Reynolds, launched legal action against the Commonwealth last year alleging it failed to protect her after she became embroiled in the political storm that followed Higgins’ allegation she was raped by former colleague Bruce Lehrmann inside Parliament House in 2019.Her claim alleged Morrison and senior members of his office failed to allow her to publicly defend herself against allegations she had participated in a political cover-up and instead left her to absorb the political damage.In a statement on Tuesday evening, a spokesperson for Attorney-General Michelle Rowland said: “The government notes an agreement has been reached in this matter. It would be inappropriate to make any further comment at this time due to privacy considerations, legal professional privilege and confidentiality obligations.”The case had been due to go to trial in March 2027, with Morrison expected to be among the witnesses.The paper had previously reported that Brown had alleged Morrison falsely claimed in parliament that he had spoken to her after a heated question-time exchange over Higgins’ allegations, when no such conversation had taken place. She also claimed she felt “frightened and intimidated” during a later encounter with the former prime minister.Brown’s statement of claim further alleged senior advisers discouraged her from responding to media allegations because doing so would prolong the controversy, while media inquiries directed to her were withheld and statements were issued on her behalf without her approval.The Commonwealth, while denying liability, argued Morrison’s actions were political rather than employer functions. It also relied on parliamentary privilege in responding to aspects of Brown’s claim.Brown said the fallout from the affair devastated her career. Her duties were significantly reduced and, according to her claim, she attempted suicide less than two weeks after Morrison’s February 2022 parliamentary apology to Higgins.Her reputation was later bolstered by two major court rulings. In 2024, Federal Court Justice Michael Lee found Higgins had been raped by Lehrmann on the balance of probabilities but rejected allegations of a political cover-up, describing Brown as a reliable witness who had been unfairly vilified as an “unfeeling apparatchik”.Separately, the Supreme Court of Western Australia found in favour of Reynolds in her defamation case against Higgins, with Justice Paul Tottle concluding allegations of a political cover-up were false.Rob Harris is the national correspondent for The Sydney Morning Herald and The Age based in Canberra. He is a former Europe correspondent.Connect via email.From our partners