Bruce Lehrmann appeal to go ahead; $2m costs order set aside

Ten has been dealt a massive blow in Bruce Lehrmann’s appeal of the landmark defamation ruling that found he raped Brittany Higgins in parliament house.

Former Liberal staffer Bruce Lehrmann.

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Ten has been dealt a massive blow in Bruce Lehrmann’s appeal of the defamation judgment that found he raped Brittany Higgins, after a Federal Court judge dismissed the network’s application to force the former Liberal staffer to put up $200,000 ahead of the matter being heard.

Judge Wendy Abraham on Wednesday also said she would set aside the $2 million legal bill Mr Lehrmann was ordered to pay Ten and presenter Lisa Wilkinson until after the appeal concludes.

“As the appellant essentially submitted, the finding against him is extremely serious. Ms Wilkinson described it as a finding of criminal conduct,” she wrote in her judgment.

“The impact on him if he is denied that right is self-evident. That is the likely consequence of making the order the respondents seek. This is in a context of it being accepted there are arguable grounds of appeal.”

Mr Lehrmann is appealing a landmark ruling that found Ten and 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.

Earlier this month the court heard arguments over whether the $2 million costs order should be temporarily set aside, and if Mr Lehrmann should be required to put up $200,000 in security for costs before the matter is heard.

Ten’s barrister Matthew Collins KC accepted the $200,000 security for costs would effectively “stultify” Mr Lehrmann’s appeal he would be unable to pay it, but argued the appeal was not in the public interest because Mr Lehrmann had already “had his day in court”.

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

In considering the arguments, Justice Abraham noted that when judge Michael Lee handed down his judgment in the matter in April, aspects of Ten’s case failed.

“The primary judge made findings against all parties,” she wrote in her judgment. “Notwithstanding judgment in the respondents’ favour, aspects of their case failed, including in relation to his Honour’s consideration of the justification defence.”

Justice Abraham said that although she was “conscious” that Ten and Wilkinson will incur unrecoverable costs if the appeal proceeds, she was not persuaded the $200,000 order should be made.

Ten has been ordered to pay Mr Lehrmann’s legal fees in relation to the security for costs application and the application to have the $2 million legal bill temporarily stayed.

The trial will likely be held in March next year, with Judge Abraham requesting the parties “liaise about procedural orders to ensure that the trial is run as efficiently as it can be done”.