Bruce Lehrmann will be able to appeal the outcome of his failed defamation case, the Federal Court has ruled.
It comes after proceedings brought by the former Liberal staffer against Network Ten and journalist Lisa Wilkinson were dismissed in April.
Today, the court ruled that Lehrmann can delay paying Ten’s legal costs from the case until after his appeal is heard.
Lehrmann’s lawyer had suggested he would not proceed with theif he had to pay costs beforehand.
If Lehrmann’s appeal is successful, he will not have to pay Ten’s costs.
Background
Lehrmann launched defamation proceedings against Network Ten and journalist Lisa Wilkinson last year, over an interview broadcast on Ten’s ‘The Project’ in 2021.
During the interview, former Liberal staffer Brittany Higgin alleged Lehrmann raped her in Parliament House in March 2019.
He was not named in the interview but alleged his reputation was damaged because he was identifiable.
Appeal
In April, Justice Michael Lee found it was “more likely than not”, on the balance of probabilities, that Lehrmann raped Higgins.
Your contribution ensures The Daily Aus can continue doing the work you love.
I want to give $10 monthly to help TDA keep doing the news.
Your details:
This meant he lost the defamation case. Lee ordered Lehrmann to pay Network Ten’s legal costs, totalling $2 million.
In May, Lehrmann filed a notice of appeal in the Federal Court.
Appeals are argued based on the idea that the original judge made a mistake in their ruling, either in their interpretation of the evidence or the law.
Generally, appeals of Federal Court decisions are heard by a ‘full bench’ of three or more judges who were not involved in the original case.
A full bench of Federal Court judges only hears appeals a few times a year. The next session is in November.
While not all appeal applications are granted, Lehrmann’s application was cleared in the Federal Court on Wednesday.
It comes after Lehrmann’s lawyer, Zali Burrows, submittedto the court showing he is unable to pay the costs because he is unemployed and receiving Centrelink benefits.
Reasons
Burrows argued her client shouldn’t have to pay Network Ten until after the Court has ruled on his appeal.
Separately, Network Ten wanted Lehrmann to pay them $200,000 in “security costs” while the appeal proceeded.
Today, Justice Wendy Abraham ruled Lehrmann’s appeal can proceed without paying any of Ten’s costs. Typically, no new evidence is presented during an appeal.
