Bruce Lehrmann has been collecting $1300 a month in Centrelink benefits since he was publicly accused of rape, and while Channel Seven continued to fund his lavish lifestyle.
The network paid Lehrmann’s rent in Balgowlah, on Sydney’s northern beaches, for 12 months as part of a lucrative $105,000 arrangement in exchange for last year’s exclusive interviews on the Spotlight program.
Former Spotlight producer Taylor Auerbach told the Federal Court the network paid thousands for Lehrmann’s use of sex workers, massages, cocaine, and expensive dinners in a bid to entice him to do the exclusive interviews.
Seven and the former Liberal staffer have fiercely denied those claims.
The accommodation deal came to an end in April – just weeks after Federal Court Justice Michael Lee found, on a balance of probabilities, that he had raped former colleague Brittany Higgins in Parliament House in 2019.
Lehrmann lodged an appeal to overturn that civil judgement, with a case management hearing on Friday morning.
His lawyer Zali Burrows told the court a bitter argument over $117,000 has emerged between Lehrmann and his former defamation firm Mark O’Brien.
Ms Burrows said there were filing fees associated with his defamation case against Network Ten and Lisa Wilkinson, but Lehrmann did not have to pay them because he was on welfare.
Bruce Lehrmann is pictured enjoying a long lunch with a friend in Bondi last year
Lehrmann was represented in the Federal Court on Friday by his solicitor, Zali Burrows (pictured)
Daily Mail Australia understands Lehrmann has been on the benefit scheme called Austudy since about 2021, when Ms Higgins first went public with her rape allegations against him in an interview with Wilkinson on Ten’s show, The Project.
Lehrmann – who has not had a job since 2021 – was eligible to receive Austudy, rather than employment scheme Job Seeker, because he is a part-time law student.
Before the appeal can proceed, Ten has asked Lehrmann to pay $200,000 surety to cover their costs in the event that he loses.
The network made an application to permanently stay the appeal, which means it would not be allowed to proceed, if he could not pay the deposit within 42 days. However, he will fight that application in a hearing on October 14.
At Frida’s hearing, Network Ten’s lawyer Tim Senior told the court Lehrmann’s team did not file an amended notice of appeal by the August 29 deadline, and he had no explanation why.
He said there was a lack of clarity around Lehrmann’s legal representation and the extent of Ms Burrow’s involvement, and the timeline of the appeal.
‘We don’t have a date, and it’s a matter for the court, but it’s very difficult for us to consider our position in these circumstances where [legal] counsel may or may not be briefed,’ he said.
‘We don’t know why there’s been this delay after so much time.’
Bruce Lehrmann is pictured during one of his two Spotlight interviews last year
Lisa Wilkinson (pictured outside court in April) interviewed Brittany Higgins about her rape claims in 2021
Ms Burrows told the court there were costs issues to deal with before filing an amended notice of appeal.
The costs issues were in relation to Lehrmann’s defamation case against Network Ten and Wilkinson last year. As the loser of the trial, he is expected to cover his opponent’s costs – worth about $2million.
Justice Lee handled those costs proceedings, but they have been paused until there is an appeal outcome.
Ms Burrows told the court Lehrmann’s former law firm, Mark O’Brien, was holding $117,000 in a trust.
The money came from Lehrmann’s combined $445,000 defamation settlements with the ABC and news.com.au last year. Terms of the settlement meant the money would cover his legal fees, rather than going into his personal bank account.
After those fees were paid, there was $117,000 left over which Ms Burrows argued should be used to fund Lehrmann’s appeal.
Mark O’Brien worked for Lehrmann on a no-win no-fee basis.
Justice Wendy Abraham appeared confused why Ms Burrows would mention a costs matter – which is being handled by Justice Lee – in relation to the appeal.
‘What’s this got to do with me?’ she said.
‘This is an appeal … Why isn’t Justice Lee dealing with it?’
Pictured: CCTV from the night Bruce Lehrmann raped Brittany Higgins in 2019. She is pictured in white, he is standing to next to her in a light blue shirt
Ms Burrows said she would file an application to the registrar in relation to the $117,000, but asked for Justice Abraham’s assistance in hastening the process.
‘The reason, Your Honour, why I’m asking you to deal with the application instead of the registrar is so it can be dealt with expeditiously,’ Ms Burrows said.
Justice Abraham: ‘Why couldn’t the registrar deal with it expeditiously?’
Ms Burrows: ‘I’m not saying the registrar can’t, but I’d be grateful if perhaps if you could give a recommendation if it could be dealt with priority.’
The judge said: ‘So, without any notice, you want this court – me – to deal with a matter you have yet to file before the registrar so you can succeed and settle?’
‘You raise this now, when one assumed this has been going on for some time, while you’re in breach of orders and I have no explanation as to why.’
Ms Burrows said: ‘It has taken some time to consider the costs agreements and my client has filed an application for a refund of those [$117,000] fees, but it was returned on a technical issue, and will be refiled.’
Ten’s lawyer Mr Senior told the court it was ‘very concerning’ Ms Burrows intended to ‘hijack’ the appeal proceedings with a costs matter that was being dealt with in a different case.
‘I don’t really know what to say,’ he said, turning around to look at his colleague, Marlia Saunders, who appeared equally confused.
‘I’m very concerned about the possibility of an amended notice of appeal being filed and messing up the timetable.’
The matter will return to court later in September.
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