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

Bruce Lehrmann’s defamation appeal will proceed without $200,000 bond, a judge has ruled.

The former Liberal staffer will appeal a damning judgment in the Federal Court in April, which found on a civil charge that he raped his colleague Brittany Higgins at 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, in which Ms Higgins publicly alleged for the first time that she had been sexually assaulted by a male colleague.

He was not mentioned by name in the broadcast, but argued in court that friends and former colleagues could identify him as the rapist.

Judge Michael Lee found that Lehrmann was recognizable in the program, but he was not defamed because the rape allegation was true, on the balance of probabilities.

Lehrmann was served with a bankruptcy notice in August for the $2 million he had to pay to Ten and Wilkinson, but he argued for a temporary suspension of the costs order until the appeal was heard.

Ten also requested that Lehrmann post a $200,000 bond for costs prior to the appeal, arguing that the former staffer was “incapable” of paying his bills.

However, Judge Wendy Abraham ruled in the Federal Court on Tuesday that Lehrmann does not have to cover those costs to bring the appeal – which is likely to take place in March.

Bruce Lehrmann is represented in court by attorney Zali Burrows (photo)

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

‘The court will contact the parties about a date for the hearing. March is the next full court hearing,” 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 the factual findings were against him and no new or important questions of law arise.”

Lehrmann’s lawyer Zali Burrows accused Ten of engaging in “bullying tactics” by asking about security costs because they knew her client would be unable to pay, causing the appeal to fall through.

“This application for security for costs is basically a harassment, just to push hard and close this appeal because they know my client won’t 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 April defamation judgment, Judge Lee said Lehrmann would have received only a nominal amount of $20,000 if he had won the case.

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

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

“$20,000 for a false rape allegation is clearly inadequate [Lehrmann] should be awarded a seven-figure sum or at least hundreds of thousands of dollars,” she said.

She also argued that Ten stood to make more than $200,000 in advertising revenue by reporting on the appeal, and argued that her client had the right to clear his name.

In its own submission to the court, Network Ten argued that Mr Lehrmann’s difficulties in finding work were better attributed to his botched criminal trial, followed by his high-profile defamation suit.

“Mr Lehrmann’s employability is also likely to be affected by the fact that in or about October 2023, Mr Lehrmann was charged with two counts of alleged rape in Toowoomba in October 2021,” the submission read.

“Around July 2024, Mr. Lehrmann was committed to stand trial on these rape allegations.”

Lehrmann was tried on 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 halted due to juror misconduct. The Director of Public Prosecutions has dropped the charges and plans for a retrial due to concerns about Ms Higgins’ mental health.

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