Bruce Lehrmann’s last minute legal bid ahead of Ten, Wilkinson appeal

The former Liberal staffer has made an eleventh-hour decision to appoint a high-profile criminal lawyer ahead of his Federal Court appeal, having previously indicated he was going to self-represent.

Bruce Lehrmann at the Federal Court.

Bruce Lehrmann has made the eleventh-hour decision to obtain legal representation ahead of his Federal Court appeal against judge Michael Lee’s defamation judgment, having previously indicated he was going to represent himself in court.

High-profile criminal solicitor Zali Burrows appeared before judge Wendy Abraham on Thursday morning for the matter’s first case management hearing.

The Australian understands the appointment of Ms Burrows was made under the recommendation of crown-prosecutor-turned-criminal-barrister Margaret Cunneen SC, who has been quietly assisting Mr Lehrmann throughout the appeal process.

Ms Burrows has been working closely with top appeals silk Guy Reynolds SC, who The Australian also understands has been helping Mr Lehrmann prepare for court.

In court on Thursday Ms Burrows, whose client list includes former Auburn deputy mayor and convicted fraudster Salim Mehajer, convicted drug importer Bassam Hamzy and convicted terrorist Hamdi Alqudsi, foreshadowed Mr Lehrmann will likely obtain counsel before the appeal is heard.

Justice Abraham asked Ms Burrows when the court would “be in a position to be notified” about the appointment of counsel.

Ms Burrows said: “As soon as I know, I certainly will advise the parties.”

Mr Lehrmann’s decision to hire Ms Burrows comes after earlier this year Justice Lee found Network Ten successfully proved, on the balance of probabilities, the former Liberal staffer raped Brittany Higgins in the office of senator Linda Reynolds.

However, Justice Lee found the network failed to make out its qualified privilege defence and acted unreasonably in its treatment of Mr Lehrmann when airing The Project interview.

Criminal lawyer Zali Burrows. Picture: Sam Ruttyn

Mr Lehrmann has a close working relationship with ACT criminal barrister Steve Whybrow, who represented him in his aborted rape trial and again in the defamation matter.

Mr Lehrmann did not appear in court for the matter’s first case management hearing on Thursday, but Ms Burrows sat at the bar table alongside Wilkinson’s silk Sue Chrysanthou SC and Ten’s barrister Tim Senior.

Mr Lehrmann has made an application for the court to temporarily stay Justice Lee’s order that he pay Ten’s $2 million in legal fees, until the outcome of the appeal is determined.

He is also opposing Ten’s application to have him put up $200,000 in security for costs ahead of the appeal.

The parties on Thursday agreed to a timetable for submissions in relation to the temporary stay and security for costs applications. The two matters have been set down for hearing on October 14.

Ms Burrows has also been assisting Mr Lehrmann in a matter brought against him by his former landlord Gaenor Meakes, who claims he and his dog caused more than $19,000 damage to a luxury Sydney home the Seven Network had rented for him as part of an exclusive TV interview deal.

The former Liberal staffer is calling on the Federal Court to set aside the judgment against him, a verdict be made in his favour, and for Ten and Wilkinson to pay his legal bills for both the appeal and the defamation proceedings.

In the appeal, Mr Lehrmann will argue there were serious credibility issues with Ms Higgins’ evidence, specifically in relation to an image of a bruise she shared with The Project team in the lead up to her interview.

During Mr Lehrmann’s criminal trial, Ms Higgins claimed the bruise was caused during the rape. However, she later admitted the bruise could have occurred earlier in the night when she fell over at Canberra’s 88mph nightclub.

Sue Chrysanthou SC hugs Lisa Wilkinson as they emerge from court following Justice Lee’s judgment

In delivering judgment, Justice Lee found Mr Lehrmann would have only received $20,000 had he won his defamation fight “because he is only entitled to be compensated for the reputation he deserves”.

But in his appeal, Mr Lehrmann will argue that because Justice Lee agreed Wilkinson’s Logies speech - which delayed Mr Lehrmann’s criminal trial by three months - had impinged in the administration of justice, he is entitled to greater damages.

Ms Burrows indicated on Thursday an amended notice of appeal will be filed ahead of the security for costs and temporary stay hearing. Mr Lehrmann’s legal team must file the amended notice by August 29.