Bruce Lehrmann enlists new lawyer for defamation fight

Bruce Lehrmann has enlisted a new lawyer in his defamation fight and is attempting to avoid bankruptcy by delaying moves by Network Ten to enforce an order that he pay the broadcaster $2 million to cover some of its legal bills.

In a landmark judgment in April, Federal Court Justice Michael Lee dismissed Lehrmann’s multimillion-dollar defamation suit against Ten and presenter Lisa Wilkinson over an interview with Brittany Higgins aired on The Project in February 2021. Lee subsequently ordered Lehrmann to pay $2 million to Ten to cover some of the costs of its successful defence.

Bruce Lehrmann leaving the Toowoomba Magistrates Court in June.Credit: Dan Peled

Lee found Ten and Wilkinson had proven on the balance of probabilities that the central allegation in the broadcast was true: Lehrmann had raped Higgins in March 2019 in the office of Liberal senator and then defence industry minister Linda Reynolds, for whom the pair worked as advisers.

Lehrmann filed a notice of appeal against Lee’s decision in the Full Court of the Federal Court in May.

Lehrmann, an unemployed law student, filed the document himself. He has since retained solicitor Zali Burrows to act for him in any appeal.

Zali Burrows outside the Federal Court in Sydney on Thursday.Credit: Kate Geraghty

At a preliminary hearing in Sydney on Thursday, Burrows told the Federal Court that Lehrmann was seeking to halt steps by Ten to enforce the $2 million costs order.

He is expected to apply for a stay on the enforcement of the order. Barrister Tim Senior, acting for Ten, told the court that “we’ve already incurred costs in enforcing that order” and the enforcement proceedings had been commenced.

Separately, Ten is seeking an order that Lehrmann pay $200,000 in security to proceed with his appeal. This sum would cover some of the legal bills of the media parties in the event he loses his bid to overturn Lee’s decision and is ordered to pay his opponents’ costs of defending the appeal.

The broadcaster is also seeking an order that the appeal be dismissed against both Ten and Wilkinson if he does not pay the security within 42 days from the date of the order. It is up to the court to decide whether it will order Lehrmann to pay security.

Lehrmann is seeking to rely on four grounds of appeal to overturn Lee’s decision. He alleges Higgins had “significant credibility problems” and the court should not have been satisfied on the balance of probabilities that he raped her.

Lehrmann also says Lee’s assessment that he would only have been entitled to $20,000 if he had won the defamation case was “wholly inadequate”. Burrows told the court on Thursday that “at some stage … I’ll be seeking to amend the appeal”.

“There is a lot to go through,” Burrows said. Lehrmann has until August 29 to file any amended notice of appeal.

Both Ten and Wilkinson, who had separate legal representation at the trial, have asked the Full Court to affirm Lee’s decision if the appeal proceeds. However, they have urged the appeal court to go further than Lee and find Lehrmann knew Higgins did not consent to sex.

Lee found Lehrmann was “so intent upon gratification to be indifferent to Ms Higgins’ consent”, rather than finding he had “actual cognitive awareness that Ms Higgins did not consent”.

The court has previously heard that the $2 million costs order against Lehrmann is likely to be academic because the former Liberal staffer does not have the means to pay that sum and may be tipped into bankruptcy.

Given the unlikelihood of Wilkinson recovering any costs from Lehrmann, her employer Ten will pay some of her legal bills under an indemnity covering costs “properly incurred and reasonable in amount”.

To date, Ten has agreed to pay $558,548 to cover some of her costs. This is significantly lower than the $1.8 million Wilkinson had sought.

Wilkinson’s costs will be examined by a referee. This may result in Wilkinson either having to pay back some of the $558,548, or Ten paying an additional sum.

The parties return to court on October 14, when the court will hear Ten’s application for security for costs as well as Lehrmann’s application for a stay of the enforcement of the costs order against him.

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