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Brittany Higgins' fiance, David Sharaz, will not fight a defamation case brought against him by former defence minister Linda Reynolds, saying he can't afford the legal costs.
Reynolds is suing Higgins and Sharaz over social media posts made in July last year.
Sharaz's lawyer told the West Australian Supreme Court today that he didn't have the money to defend the case.
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He did not appear in court but posted a statement to his social media.
"Despite our best efforts Linda Reynolds has not accepted attempts to resolve this matter through mediation and Brittany may now be exposed to another trial," Sharaz said.
"It will be her third.
"I cannot afford to pay legal costs to defend myself over a six-week trial.
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"As a result I have today informed the court that I will not fight Reynolds' legal action any more.
"I now appeal for Senator Reynolds to settle her litigation against Brittany, a rape victim, by agreeing to disagree and putting all of this behind them
"It's time to move on. It's time to let Brittany heal."
A lawyer for the outgoing WA senator addressed the turn of events outside court.
"He claims to have no costs but he lives in a chateau, he hasn't got a job but he has got a QC and junior solicitors and two solicitors representing him," Reynolds' lawyer Martin Bennett said.
Higgins' lawyers asked for the trial, which is set down for July 24, to be postponed.
The judge declined that application.
The case is separate to the judgment that ruled against Bruce Lehrmann in his defamation suit against Network Ten and journalist Lisa Wilkinson.
Justice Michael Lee found, on the balance of probabilities, Lehrmann had raped Higgins on a couch in Parliament House in 2019 because she had been too intoxicated to consent.
