Bruce Lehrmann scores huge legal win as disgraced ex-political staffer pushes ahead with defamation appeal

Bruce Lehrmann’s defamation appeal will go ahead without $200,000 surety, a judge has ruled.

The former Liberal staffer will appeal a damning judgement in the Federal Court in April which found, on a civil scale, that he raped his colleague Brittany Higgins in Parliament House in 2019.

Lehrmann had sued Network Ten and Lisa Wilkinson for defamation over an interview on an episode of The Project in 2021, during which Ms Higgins publicly alleged for the first time that she was sexually assaulted by a male colleague.

He was not named in the broadcast, but argued in court that friends and former colleagues were able to identify him as the rapist.

Justice Michael Lee found Lehrmann was identifiable from the program, but he was not defamed because the rape allegation was true, on a balance of probabilities.

Lehrmann was served a bankruptcy notice in August over the $2million he was ordered to pay Ten and Wilkinson, but he argued for a temporary hold on the costs order until the appeal had been heard.

Ten also requested that Lehrmann put up $200,000 in security for costs ahead of the appeal, arguing the former staffer had ‘no capacity’ to foot any of his bills.

However, in the Federal Court on Tuesday, Justice Wendy Abraham ruled that Lehrmann would not have to cover that cost in order to run the appeal – which will likely go ahead in March.

Bruce Lehrmann is represented in court by lawyer Zali Burrows (pictured)

She also granted a temporary hold on the $2million cost order until the appeal is resolved.

‘The court will be in contact with the parties as to a date for the hearing, March is the next full court sitting,’ she said.

Ten’s barrister Matthew Collins KC previously told the court: ‘Mr Lehrmann has had his day in court.’

‘More than a day in court, 26 days in court in circumstances where factual findings went against him and no novel or important questions of law arise.’

Lehrmann’s lawyer Zali Burrows accused Ten of engaging in ‘bullying tactics’ by asking for the security costs because they knew her client would not be able to pay, therefore stopping the appeal from going ahead.

‘This application for security for costs is pretty much a bullying tactic just to hard-fist it and shut down this appeal because they know my client will not be able to come up with $200,000 at all,’ she said.  

Dr Collins said it was reasonable for Ten to secure costs ahead of a costly appeal. 

In the defamation judgement in April, Justice Lee said Lehrmann would only have been awarded a nominal sum of $20,000 if he won the case.

Brittany Higgins is pictured, left, with TV host Lisa Wilkinson

Brittany Higgins accused Bruce Lehrmann of raping her in Parliament House in 2019. She is pictured on the night of the assault, in 2019

In documents released by the court last week, Ms Burrows described that estimation as inadequate and said he should be awarded a six or seven figure sum.

‘$20,000 for a false charge of rape is manifestly inadequate and [Lehrmann] should be awarded either a seven-figure sum or at least hundreds of thousands of dollars,’ she said.

She also argued that Ten would earn more than $200,000 in advertising revenue by reporting on the appeal, and argued that her client was entitled to clear his name.

In its own submissions to the court, Network Ten contended Mr Lehrmann’s difficulty finding employment may be better attributed to his failed criminal trial, followed by his high-profile defamation suit.

‘Mr Lehrmann’s employability is likely also impacted by the fact that, in or around October 2023, Mr Lehrmann was identified as having been charged with two counts of alleged rape in Toowoomba in October 2021,’ the submission read.

‘In around July 2024, Mr Lehrmann was committed to stand trial in respect of those rape charges.’

Lehrmann faced trial over Ms Higgins rape allegations against him in the ACT Supreme Court in 2022. He had pleaded not guilty to one count of sexual intercourse without consent.

The trial was abandoned due to juror misconduct. The Director of Public Prosecutions dropped the charge and the plans for a retrial due to concerns for Ms Higgins’ mental health.

Lehrmann’s appeal will return to court for a case management hearing on November 6.