The court has now adjourned, and Justice Michael Lee has reserved judgement.
Justice Lee indicated he would not deliver judgement on Monday or Tuesday next week, but it could be any day after that.
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Bruce Lehrmann defamation: Network 10's barrister takes aim at Seven's 'perverse universe'
Network 10's barrister Matthew Collins says it's 'staggering' Taylor Auerbach wasn't fired for spending thousands of dollars on 'illicit activities' for himself and Bruce Lehrmann while trying to 'get the story of the year'.
Closing remarks in Ten's defamation case with Bruce Lehrmann after former TV producer Taylor Auerbach gave evidence in the Lehrmann defamation case against Network Ten and Lisa Wilkinson, in Sydney's Federal Court. The Australian is launching our legal affairs newsletter, Ipso Facto. Sign up here to get the first edition.
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Court adjourns, back next week
Lehrmann 'had a financial motive to leak files'
Lisa Wilkinson's barrister Barry Dean has told the court Bruce Lehrmann had a "financial motive" to leak confidential documents to Seven as part of his exclusive interview with Spotlight.
Mr Lehrmann appeared in two episodes of Seven's flagship current affairs program Spotlight last year, in which previously undisclosed documents, audio and video were aired.
These documents including CCTV footage from the night Ms Higgins was allegedly raped and a five hour recording of a pre-interview between Lisa Wilkinson, The Project producer Angus Llewelyn, Ms Higgins and her partner David Sharaz.
Mr Dean told the Federal Court this afternoon that Mr Lehrmann was financially motivated to give Spotlight the confidential documents – in breach of his 'Hearn v Street' obligation to the court – that he had obtained during his criminal rape trial, in exchange for a year of free rent.
"Our submission about that particular documents were given either in the course of negotiating a agreement that resulted in at least six figures in compensation by virtue of free accommodation for a year or, pursuant to that agreement, and there's a financial motive," he said.
"Our submission is a financial motive to breach the Hearn v Street obligation is a very serious matter that the court would take into account."
Mr Dean also submitted that, while there was no evidence Mr Lehrmann leaked the CCTV footage or the five-hour pre-interview recording, there was evidence to prove he had given Seven Ms Higgins' private messages, and parts of an AFP brief.
By extension, Mr Dean said Justice Michael Lee could be "comfortably satisfied" that documents included in the Spotlight program were provided to Seven by Mr Lehrmann.
Auerbach's evidence weak: Lehrmann's barrister
Bruce Lehrmann's barrister Matthew Richardson SC has submitted former Spotlight producer Taylor's Auerbach's evidence is weak and should not be accepted by the court.
Auerbach this morning told the court that Seven staff reimbursed Mr Lehrmann $750 for prostitutes and illicit drugs, and submitted it to the company as a "pre-production expense".
Mr Richardson said this evidence was "a stretch", suggesting $750 would not foot the bill.
"Even the least worldly person in this room – which regrettably is probably me – knows that that is a stretch," he said.
"It really is not probable, Your Honour."
Mr Richardson pointed to inconsistencies in Auerbach's evidence, including claiming in an affidavit that he spent thousands of company dollars on massages for himself and Mr Lehrmann, but did mention Mr Lehrmann to his bosses when he disclosed the expenditure.
Mr Richardson also said submissions from Auerbach that Spotlight executive producer Mark Llewellyn received confidential documents from Mr Lehrmann in the lead-up to the program's exclusive interview with the former Liberal staffer were flimsy.
"Mr Auerbach agreed he did not know from where or from whom Llewellyn was obtaining documents," he said, adding that "we know Mr Llewellyn had other sources."
Seven's 'perverse universe' questioned
Network 10's barrister Matthew Collins KC has taken aim at the "perverse universe" in which Seven Spotlight exists, questioning how former producer Taylor Auerbach was not sacked after spending thousands of dollars on "illicit activities" in order to "get the story of the year".
Dr Collins said it was "staggering" that Auerbach was not fired after disclosing he had spent company funds on Thai massages for himself and Mr Lehrmann while trying to get the former Liberal staffer to hand over his exclusive interview rights.
Instead, former producer Steve Jackson encouraged Auerbach to have the masseuse reverse the credit card charges to remove them from Seven's statements.
"I know what I'd do if it was my employee," Dr Collins said. "I wouldn't be saying go and get the credit card reversed and pay cash and you can keep your job."
Mr Lehrmann has denied getting a massage.
Judge says Auerbach desperate to damage former employer
Justice Michael Lee has described former Spotlight producer Taylor Auerbach as a "man who desperately wanted to do as much damage to his previous employer as he could conceivably do."
Auerbach gave evidence in the defamation proceedings between Bruce Lehrmann, Network 10 and Lisa Wilkinson this week about his dealings with the former Liberal staffer when trying to persuade him to hand over his exclusive interview rights to Spotlight.
While in the witness box, Auerbach has said he "hates" his former boss Steve Jackson, and admitted to backgrounding journalists about Jackson after he was controversially appointed to the media advisor to NSW police commissioner Karen Webb.
Justice Lee on Friday afternoon said it was "very unusual" for a witness to say "they hate people".
"It's very unusual, that degree of animus that one sees from the golf club video," Justice Lee said, referring to a video in which Auerbach is smashing Jackson's golf clubs.
"One could rationally form the view that this is a man who desperately wanted to do as much damage to his previous employer as he could conceivably do."
Justice Lee clarified that "doesn't mean he's not a truth teller."
"But don't put him up as some sort of notable public interested person who was coming along to get something off his chest, because he thought he had to assist His Majesty's justices," Justice Lee said.
"He's a man who wanted to make a range of allegations against people under absolute privilege."
But Wilkinson's barrister Barry Dean submitted that Auerbach was an "impressive witness".
"He came to this court and freely made admissions against his own interests, both reputationly and when he was challenged on certain matters in cross-examination," he said.
Lehrmann went on Spotlight to 'intimidate' Higgins
Network 10's barrister Matthew Collins KC says Bruce Lehrmann conducted his interview with Seven Spotlight to "intimidate" witnesses out of giving evidence in the defamation proceedings.
Dr Collins told the Federal Court the Spotlight interview was "riddled with falsehoods" and "riddled with allegations about persons coming to be witnesses" in Mr Lehrmann's defamation proceedings with Ten and presenter Lisa Wilkinson.
"(This) must have been calculated … to put pressure on Ms Higgins not to come to this court and give evidence," Dr Collins said.
"(And to) put pressure on Channel 10 and Ms Wilkinson to settle the case rather than fight it in court, and put pressure on witnesses not to cooperate with Network 10 by coming along and giving an honest account of their recollections."
Justice Michael Lee questioned Dr Collins' submissions, saying "some might think that's a step too far".
"The inference is equally open that Ms Higgins had been … fashioning a public relations narrative, including making the speech she made after the trial which also (included) false statements," Justice Lee said.
But Dr Collins rejected that suggestion, saying "the difference is Ms Higgins didn't have a proceeding before the court".
"Mr Lehrmann brought proceedings to vindicate his reputation before Your Honour, and then went into the public domain, said 'I'm here to light fires … there's more to come … I've got nothing to lose', and set up … a whole series of falsehoods," Dr Collins said.
Dr Collins added that Mr Lehrmann in the Spotlight interview "accused a person who was going to be a witness in the trial for Your Honour of having concocted evidence with Ms Higgins, and leaked … material from the AFP e-brief that he had no business providing to a national media organisation".
Lehrmann leaked entire e-brief to Seven, court told
Network 10's barrister Matthew Collins KC says Bruce Lehrmann must have leaked Seven the entire AFP e-brief from his criminal rape trial, in breach of his obligations to the court.
Mr Lehrmann was put on trial for the rape of Brittany Higgins in the ACT Supreme Court at the end of 2022. He had always maintained his innocence, and his trial was aborted due to juror misconduct.
During the course of preparing for that trial, Mr Lehrmann received a compilation of documents from the Australian Federal Police – known as an "e-brief" – to assist in his case.
The Federal Court this week has heard evidence from former Spotlight producer Taylor Auerbach that he and his boss, executive producer Mark Llewellyn, had received documents from Mr Lehrmann when preparing to interview him for Seven's flagship current affairs program.
Those included screenshots of messages between Ms Higgins and her ex-boyfriend Ben Dillaway, and Ms Higgins and columnist Peter FitzSimons.
Dr Collins on Friday submitted that Mr Lehrmann leaked the entirety of that e-brief to the Seven network as part of his exclusive Spotlight interview.
"(Mr Lehrmann) breached his Harman undertaking by showing the AFP e-brief on a computer screen to Mr Llewelyn and providing him with the FitzSimons messages, and I do invite Your Honour to infer on the balance of probabilities having regard to those two matters … that Mr Lehrmann in fact provided the whole of the AFP brief or substantially all of it to Network Seven," Dr Collins said.
Auerbach evidence 'consistent, credible'
Network 10's barrister Matthew Collins KC has submitted evidence from former Spotlight producer Taylor Auerbach is "consistent" and "credible".
Dr Collins is closing Ten's case in its defamation case with Bruce Lehrmann, and is attempting to prove that the former Liberal staffer leaked confidential documents to Spotlight when being interviewed on the program.
This is despite Mr Lehrmann previously claiming he only gave Spotlight an interview.
Dr Collins told the court Auerbach was "charged with building a rapport" with Mr Lehrmann when trying to get the former Liberal staffer to hand over his exclusive interview rights.
"He had built that rapport by about late October 2022," Dr Collins said. "And they then find themselves on the 18th of December 2022, and Mr Lehrmann provides the documents to him."
He continued: "The reason a 32-year-old producer of Spotlight has that document on his phone … is exactly why he said. He got it on airdrop from Mr Lehrmann."
Metadata proof: Spotlight evidence, Lehrmann docs 'the same'
Network 10 barrister Matthew Collins KC says evidence leaked to Spotlight carries the same metadata as evidence given to Bruce Lehrmann in the course of his criminal rape trial.
Dr Collins is closing Ten's case in its defamation case with Mr Lehrmann, and is attempting to prove that the former Liberal staffer leaked confidential documents to Spotlight when being interviewed on the program.
Former Spotlight producer Taylor Auerbach has this week given new evidence that Mr Lehrmann handed the documents – that included private messages of Brittany Higgins – to Spotlight, despite previously saying he only gave the program an interview.
Dr Collins told the court this afternoon that file names and metadata between documents provided to Mr Lehrmann in his criminal rape trial and documents produced by Mr Auerbach as part of the proceedings are the same.
Brittany Higgins may make further submissions
Justice Michael Lee has invited Brittany Higgins to make further submissions in relation to evidence relating to her, the court has heard.
New evidence this week has been tendered regarding messages she exchanged with an ex-boyfriend, Jacob Kaye. Earlier this month, submissions were made about representations Ms Higgins made about the $2.4m payment made to her by the Commonwealth.
In light of the new evidence, Justice Lee invited Ms Higgins to make submissions if she wishes in relation to this evidence, to avoid any "third party to the proceedings being denied procedural fairness."
"A number of allegations have been made arising out of the evidence prior to the reopening concerning the behaviour of most particularly Ms Higgins," Justice Lee.
"Certainly in relation to Ms Higgins, it's going to be necessary for me to make findings."
He continued: "I just don't want this to go off on any basis where it can be said that findings have been made against the third party and they haven't been given procedural fairness."
Justice Lee instructed Network 10 to let Ms Higgins' lawyer Leon Zwier about the direction.
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