Major update in Lehrmann rape appeal
A major update in Bruce Lehrmann’s Federal Court case has been revealed, as he continues his appeal against a devastating defamation suit loss to Network 10 and Lisa Wilkinson.
The former political staffer is now appealing “the whole” of Justice Michael Lee’s judgment which found, on the balance of probabilities, that he sexually assaulted Ms Higgins inside the office of Senator Linda Reynolds in Parliament House on the morning of March 23, 2019.
Mr Lehrmann sued Network 10 and Ms Wilkinson over claims in their interview with Ms Higgins on The Project in 2021.
Following the brutal judgment, he has now launched an appeal to the Full Court of the Federal Court.
Last week, the court was told his solicitors missed the deadline to file an amended notice of appeal – but this was lodged on Friday.
Mr Lehrmann’s appeal is now focusing on the defence of justification, according to an update to the Federal Court file.
He now says the primary judge “erred in upholding the defence of justification” and in “determining the respondent had established the defence of justification”.
Mr Lehrmann also claims Justice Lee was wrong to say that had he won, he would only have been awarded $20,000.
Last week, his lawyers failed to meet two key deadlines – including an order he deposit $200,000 as a security for Network 10’s legal costs for the appeal to go ahead.
Zali Burrows – Mr Lehrmann’s new solicitor – said the delay was put down to an argument Mr Lehrmann had with his former solicitors.
She had previously asked the court for a stay on the $2 million cost order Mr Lehrmann was ordered to pay following the defamation loss.
In his notice of appeal filed with the court, Mr Lehrmann claims he was denied procedural fairness and challenged Justice Lee’s findings.
He has also claimed that Justice Lee made findings that were neither advanced by Network 10 and Ms Wilkinson, nor put to him in cross examination.
Mr Lehrmann has consistently denied sexually assaulting Ms Higgins and maintains his innocence.
He faced trial in the ACT Supreme Court in 2022 after pleading not guilty to one count of sexual intercourse without consent.
The trial was abandoned due to juror misconduct and the Director of Public Prosecutions (DPP) dropped the charges due to concerns about Ms Higgins’ welfare.
If you or someone you know is experiencing sexual abuse or family violence contact:
National Sexual Assault, Domestic Violence Counselling Service 24-hour helpline 1800 RESPECT on 1800 737 732
24-hour Emergency Accommodation helpline on 1800 800 588
Safe At Home helpline on 1800 633 937
National Violence and Abuse Trauma Counselling and Recovery Service on 1800 FULLSTOP (1800 385 578). They also have a specific line for the LGBTIQA+ community called the Rainbow Sexual, Domestic and Family Violence Helpline on 1800 497 212
SHE (free and confidential counselling and support) on 6278 9090
Sexual Assault Support Services on 6231 1811, or after hours 6231 1817
Family Violence Crisis and Support Service on 1800 608 122
Bravehearts – Sexual Assault Support for Children on 1800 BRAVE 1
Kids Helpline is for young people aged 5 to 25 on 1800 551 800
Don't go it alone. Please reach out for help by contacting Lifeline on 13 11 14
Men who have anger, relationship or parenting issues, should contact the Men's Referral Service on 1300 766 491 or the Don’t Become That Man helpline on 1300 243 413
