Bruce Lehrmann’s defamation appeal will go forward without a $200,000 surety, a judge ruled.
The former Liberal staffer will appeal a conviction to the Federal Court in April that found, on a civil scale, that he raped his colleague Brittany Higgins in Parliament 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 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.
Judge Michael Lee found that Lehrmann was identifiable in the programme, but was not defamed because the rape allegation was true, on a balance of probabilities.
Lehrmann was served with a bankruptcy notice in August for the $2 million he was ordered to pay Ten and Wilkinson, but argued for a temporary stay of the costs order until the appeal had been heard.
Ten also requested that Lehrmann post $200,000 as security to cover costs before the appeal, arguing that the former employee had “no ability” to pay any of his bills.
However, on Tuesday in Federal Court, Judge Wendy Abraham ruled that Lehrmann would not have to cover that cost in order to file the appeal, which will likely go forward in March.
Bruce Lehrmann (pictured) filed an appeal to overturn a defamation conviction
Bruce Lehrmann is represented in court by attorney Zali Burrows (pictured)
He also granted a temporary stay of the $2 million costs order until the appeal is resolved.
“The court will contact the parties to set the hearing date; March will be the next full session,” he said.
Ten’s lawyer, Matthew Collins KC, previously told the court: “Mr Lehrmann has had his day in court.”
“More than one day in court, 26 days in court in circumstances where findings of fact were against you and no novel or important questions of law arise.”
Lehrmann’s lawyer, Zali Burrows, accused Ten of engaging in “intimidation tactics” by requesting security costs because they knew their client would not be able to pay, thus preventing the appeal from going forward.
“This request for security of costs is more or less an intimidation tactic just to put pressure on her and close this appeal because they know my client won’t be able to get $200,000 at all,” he said.
Dr Collins said it was reasonable for Ten to obtain costs before a costly appeal.
In the libel ruling in April, Judge Lee said Lehrmann would only have been awarded a nominal sum of $20,000 if he won the case.
Brittany Higgins accused Bruce Lehrmann of raping her in Parliament in 2019. She is pictured on the night of the attack in 2019.
In documents released by the court last week, Burrows described that estimate as inadequate and said he should be awarded a six- or seven-figure sum.
“$20,000 for a false rape allegation is manifestly inadequate and (Lehrmann) should receive a seven-figure sum or at least hundreds of thousands of dollars,” he said.
He also argued that Ten would earn more than $200,000 in advertising revenue by reporting on the appeal, and argued that his client had the right to clear his name.
In its own court submissions, Network Ten argued that Mr Lehrmann’s difficulties in finding employment can best be attributed to his failed 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 around October 2023, Mr Lehrmann was identified as having been charged with two counts of alleged rape in Toowoomba in October 2021,” reads in the document.
“In approximately July 2024, Mr. Lehrmann was forced to stand trial on 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 a charge of sexual intercourse without consent.
The trial was abandoned due to jury misconduct. The Director of Public Prosecutions withdrew the charge and plans for a new trial due to concerns for Ms Higgins’ mental health.
Lehrmann’s appeal will return to court for a case management hearing on November 6.