Critical judgment looms in Bruce Lehrmann appeal

A Federal Court judge will this morning deliver his judgment determining whether the former Liberal staffer’s appeal against findings he raped Brittany Higgins in parliament house can continue.

Former Liberal staffer Bruce Lehrmann.

A Federal Court judge will this morning deliver a critical judgment determining whether Bruce Lehrmann’s appeal against findings he raped Brittany Higgins in parliament house can continue.

The former Liberal staffer is attempting to appeal a landmark ruling that found Network 10 and presenter Lisa Wilkinson did not defame him when airing an interview with Ms Higgins in 2021 because, on the balance of probabilities, he did rape her in the office of senator Linda Reynolds.

Mr Lehrmann, in light of the ruling, was ordered to pay $2m in legal costs for Ten and Wilkinson.

Judge Wendy Abraham earlier this month heard arguments between Mr Lehrmann and Network 10 over two issues.

The first was whether there should be a temporary hold out on the costs order until the appeal has been heard. The second arose after Ten requested Mr Lehrmann put up $200,000 in security for costs ahead of the appeal being heard.

Ten’s barrister Matthew Collins KC told the court Mr Lehrmann has “no capacity” to pay the $2 million order made against him to satisfy the network’s legal fees, let alone the $200,000 surety for costs.

As such, Dr Collins said Mr Lehrmann’s inability to pay the fees “stultify” the appeal.

The court heard Mr Lehrmann had been personally served a bankruptcy notice in early August.

“Mr Lehrmann has had his day in court,” Dr Collins said. “More than a day in court, 26 days in court in circumstances where factual findings went against him and no novel or important questions of law arise.”

Mr Lehrmann’s solicitor Ms Burrows, however, told the court Ten and Ms Wilkinson had engaged in “bullying tactics” by requesting the $200,000 security, because they know it will put an end to the proceedings when Mr Lehrmann is unable to honour it.

“This application for security for costs is pretty much a bullying tactic just to hard-fist it and shut down this appeal because they know my client will not be able to come up with $200,000 at all,” she said.

Dr Collins said there was “nothing improper” about Ten trying to secure costs in the appeal matter.

Justice Abraham will hand down her decision at 9.30am.