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Judge Reserves Ruling on Email Service in Higgins Bankruptcy Bid

A decision on email service could clear the way for a trustee to examine Higgins' reported compensation trust.

Overview

  • Federal Court Justice Michael Feutrill reserved his decision after Linda Reynolds’ creditor’s petition was emailed to Brittany Higgins’ lawyer rather than served in person, with written reasons to follow.
  • Reynolds’ lawyer said the email approach was chosen to respect Higgins’ mental health, added that Higgins instructed her solicitor to accept service, and indicated she is not contesting the proceedings.
  • If the service is upheld and bankruptcy is ordered, a trustee could move within months to obtain financial records and probe the Brittany Higgins Protective Trust, with strict compliance obligations for a bankrupt.
  • The Federal Court action follows an August WA Supreme Court ruling that some of Higgins’ posts defamed Reynolds, awarding $315,000 in damages plus $26,109 interest and about 80% of legal costs estimated at more than $1 million.
  • Higgins’ husband, David Sharaz, has been served with a bankruptcy notice after being ordered to pay $85,000 in damages plus interest and costs in Reynolds’ separate defamation case.