Network 10 in ‘bullying tactics’ over $2m legal fees: Bruce Lehrmann
The former Liberal staffer has accused Ten of employing ‘bullying tactics’ by forcing him to pay their $2 million legal bill despite the fact he is on Centrelink, court documents reveal.
Bruce Lehrmann has accused Network 10 of employing “bullying tactics” to stop him from filing an appeal against the landmark civil judgment that found he raped Brittany Higgins, saying the network is unfairly forcing him to pay their multi-million dollar legal bill despite the fact he is on Centrelink.
The former Liberal staffer, in a new submission filed on Thursday, said the Federal Court should temporarily stay judge Michael Lee’s orders that he pay Ten’s $2 million legal fees until the outcome of his appeal is finalised.
In the submission, compiled by lawyer Zali Burrows, Mr Lehrmann argued he “cannot afford” to pay the hefty bill because he has been receiving government benefits since January 2022. He also said Ten came to the proceedings with “eyes wide open as to costs”.
“In considering the competing rights between the parties, namely any prejudice to the first Respondent in being able to continue its pursuit of enforcement action against the Applicant, it may be construed as disingenuous as the first respondent being concerned with recovering costs from the Applicant when it must know that it cannot recover $2,000,000.00 from him, the risk of not recovering costs from a party on a Centrelink income is apparant (sic), thus it is considered a tactic, a procedural play to hinder the Applicant’s ability to appeal,” the submission reads.
Mr Lehrmann said he was entitled to appeal “from the finding of the criminality of being found a rapist”.
“Thus in accordance to his interests, and in accordance with natural justice and Article 14 (5) ICCPR, he should be entitled to clear his name and pursue his appeal without the bullying tactics of costs enforcement against him,” the submission reads.
Justice Lee earlier this year found, on the balance of probabilities, Mr Lehrmann raped Ms Higgins in Parliament House. Thus, he found Ten and presenter Lisa Wilkinson did not defame Mr Lehrmann when airing an interview with Ms Higgins in early 2021.
In his submissions, Mr Lehrmann set out four grounds of appeal which he said were “arguable”, and therefore said the court should wait until after the appeal is heard to enforce the costs order.
He said there was a distinct difference between what Justice Lee found to have occurred on the night Ms Higgins claimed she was raped and the case pleaded by Ten in the defamation proceedings. Justice Lee’s findings were also “not put to the Applicant nor to Ms Brittney (sic) Higgins” when giving oral evidence, Mr Lehrmann added.
For example, while Ten claimed the assault involved Mr Lehrmann “audibly slapping against” Higgins, Justice Lee made no such finding. Similarly, Justice Lee did not say Mr Lehrmann’s knee crushed Ms Higgins’ thigh, despite that being the case pleaded by Ten.
Ten has applied for a $200,000 security of costs, which Mr Lehrmann has opposed.
The case continues before judge Wendy Abrahams.
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