Former Liberal staffer Bruce Lehrmann has appeared in a Sydney court as he appeals his loss in a defamation case against Network 10 and its journalist Lisa Wilkinson.
Last year, the Federal Court ruled it was more likely than not that Lehrmann raped Brittany Higgins at Parliament House in 2019.
It accepted Network Ten and Lisa Wilkinson’s truth defence, meaning he was not found to have been defamed.
Lehrmann maintains his innocence and is appealing the finding.
Defamation
Lehrmann launched defamation proceedings 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.
One of the ways to defend a defamation case is to prove that the claims made were truthful.
In his judgment, Justice Michael Lee ruled the claims laid out by Wilkinson and Network Ten that Lehrmann raped Higgins were true on the balance of probabilities (more likely than not), which is a lower standard of proof than a criminal case.
Lee’s ruling stated Lehrmann could not have been defamed because the allegations were truthful.
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The court ordered Lehrmann to pay $2 million in legal costs.
Appeal
Lehrmann filed an appeal against Lee’s ruling and the legal costs.
He’s arguing four grounds of appeal to the judgment.
This includes contending he was denied fairness on some of the claims made against him, and that Justice Lee had “erred” in accepting the truth defence.
A full bench of the Federal Court – three judges not involved in the original case – is hearing the appeal.
Today
Lehrmann’s lawyer Zali Burrows laid out some of the reasons for the appeal to the justices on Wednesday.
She described Lehrmann as “probably Australia’s most hated man,” citing abusive social media posts directed at him.
Lawyers for Network Ten and Lisa Wilkinson have urged the court to dismiss the appeal.
Hearings for the appeal will continue until Friday.
