July 25th 2024.
Bruce Lehrmann, a 29-year-old man, is facing a legal battle as he appeals a defamation ruling that accused him of raping Brittany Higgins. In a short hearing at the Federal Court on Thursday, Lehrmann's lawyer, Zali Burrows, hinted that they would be trying to delay the payment of $2 million in legal costs that are owed to Network Ten after the defamation case. The broadcasting company is also seeking an additional $200,000 as security for any future legal costs if they win the appeal.
Justice Wendy Abraham set a hearing date for both applications on October 14. She noted that Lehrmann's previous decision not to contest the $2 million costs bill in June may impact the success of his current attempt to delay payment. Tim Senior, the barrister representing Network Ten, informed the court that Lehrmann's legal action has complicated matters as the company has already begun separate proceedings to enforce the costs order.
Lehrmann is trying to overturn a Federal Court decision that found Ten did not defame him when they publicly revealed he was a rapist. In April, Justice Michael Lee ruled, based on the balance of probabilities, that Lehrmann had sexually assaulted Ms Higgins in Parliament House in 2019. In his notice of appeal, which he filed without legal representation, Lehrmann claims he did not receive a fair trial and that Justice Lee should not have found him guilty of rape due to flaws in Ms Higgins' testimony.
The 29-year-old has recently hired Ms Burrows as his lawyer and is also seeking new legal representation for his upcoming appeal hearing. Ten has filed a notice of contention, arguing that Justice Lee should have also found that Lehrmann knew Ms Higgins did not consent to the sexual assault, rather than simply being indifferent to the fact. The network and journalist Lisa Wilkinson, who was also sued for defamation, have requested that Lehrmann pay $200,000 to the court before his appeal can proceed. If he fails to pay, they are asking for the appeal to be dismissed.
During previous court proceedings, it was revealed that Lehrmann does not have the financial means to pay the $2 million in legal costs that Ten is seeking. The broadcasting company has agreed to cover Wilkinson's legal fees for retaining separate counsel, as long as the costs are deemed reasonable. Any additional costs will also be borne by Lehrmann. Wilkinson has also filed her own notice of contention, arguing that she acted reasonably in publishing her report on the incident, which included claims that the rape had been covered up by the Liberal Party. Justice Lee had dismissed her qualified privilege defense, stating that there was no proper analysis of Ms Higgins' allegations. Lehrmann has consistently denied the sexual assault and is not facing any criminal charges as his trial was halted due to juror misconduct.
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