Ten seeks to reopen Bruce Lehrmann defamation case after ex-Seven producer Taylor Auerbach’s evidence

Sensational new information from former Seven producer Taylor Auerbach has prompted Ten to launch an urgent application to reopen the defamation case.

Bruce Lehrmann and Taylor Auerbach. Picture: NCA NewsWire / Nikki Short / Jonathan Ng

In a dramatic last-minute move, the Ten Network has launched an urgent application asking the Federal Court to reopen its case in the defamation action brought against it by Bruce Lehrmann, after it received new information from former Seven producer ­Taylor Auerbach.

Ten’s application will be heard by judge Michael Lee on Tuesday, two days before he had been due to deliver his verdict in the long-running trial.

On Sunday, Ten filed an application that sought “leave to ­­reopen the … case for the purpose of adducing fresh evidence be granted”.

It is understood Ten has been given new evidence about how the Seven Network’s Spotlight program came into possession of material it used in its interview with Mr Lehrmann, including ­recordings of a five-hour pre-­interview meeting between Lisa Wilkinson, her producer Angus Llewellyn, Brittany Higgins and her partner, David Sharaz.

The recording was highly embarrassing for Ten and Wilkinson, with the TV presenter heard describing former defence minister Linda Reynolds as “a nobody” and an “idiot”, as the group workshopped which “friendly” Labor politicians would push the story and put the Morrison government under pressure.

The leak of material was ­referred to police by Ten to investigate whether a contempt of court was committed by passing on sensitive documents originally meant for the Lehrmann criminal trial.

The investigation did not ­result in any charges being laid.

Mr Lehrmann has long denied he was the source of the recordings, and of vision of Ms Higgins and Mr Lehrmann inside Parliament House that was obtained under subpoena during the criminal trial but used on the program.

However, it is believed that ­affidavits have been provided to Ten by Auerbach, who left the Spotlight program last year, in which he makes untested claims, that the source of the information was Mr ­Lehrmann.

Mr Lehrmann was provided with evidence obtained by police during their investigation of rape allegations against him by Ms Higgins, but such evidence is provided on the understanding it is not to be used beyond the scope of the criminal trial, a rule known as the Harman undertaking.

Mr Lehrmann was never convicted of the sexual assault and maintains his innocence.

Auerbach was the producer assigned to obtain the exclusive interview for the Spotlight program in 2022, with documents in Mr Lehrmann’s defamation case later revealing Seven had agreed to pay his accommodation costs for a year.

It has since been alleged Auerbach used Seven’s corporate credit card to spend thousands of dollars on Thai massages for himself and Mr Lehrmann, claims that Mr Lehrmann denies.

Last week, Sky News Australia confirmed that Auerbach, who had commenced working for the news channel in January, had since left the media outlet.

Auerbach is threatening to sue Mr Lehrmann for defamation after the former Liberal staffer claimed the suggestion he received a massage at the TV producer’s house was ­“bizarre and untrue”.

On Saturday, The Weekend Australian revealed that Auerbach said he was in a “drunken daze” when he booked the late-night services, admitting they “had nothing to do with work”.

Auerbach is understood to have told associates that he had “spiralled out of control” on the night he ordered the massages, and pledged to pay back the thousands of dollars he had spent on the after-hours activity which, he conceded, “had nothing to do with work”.

It’s also understood Auerbach is considering legal action against other parties relating to the reporting of his alleged interactions with Mr Lehrmann.

Auerbach was identified by the ABC’s Media Watch program as the source behind a ­series of ­stories relating to the appointment of journalist Steve Jackson as the head of the NSW Police Force Media Unit.

Auerbach and Jackson had been colleagues at Spotlight but are no longer on speaking terms.

It was reported last week that Jackson, who had nothing to do with nor any knowledge of the procurement of the Thai masseuses, had advised Auerbach in Nov­ember 2022 on how to pay back the debt he had incurred on the company credit card.

Following two weeks of damaging headlines, NSW Police Commissioner Karen Webb cancelled Jackson’s contract on Thursday, saying the head of the Public Affairs Branch “needs to be able to fulfil the duties of the role free from external distractions and ongoing media attention”.

Lisa Wilkinson and her barrister Sue Chrysanthou. Picture: NCA NewsWire / Nikki Short

Last year, lawyers acting for Ten and Wilkinson sought to compel Mr Lehrmann to answer questions about whether he was involved in the leaks but Justice Lee denied the request. Matthew Richardson SC told the court Mr Lehrmann was not involved and Ten indicated it had “no idea” who was leaking the ­material.

“In correspondence last night, and in the written submissions provided to your honour, the allegation was made, it was the obvious inference that my client had provided materials to Channel 7 even in breach of his Harman obligations.

“He absolutely denies that. It is a grave and serious allegation. It’s aggravating the damages, in this case.”

In June last year, then-acting ACT DPP Anthony Williamson SC told Ten in an email, released in Mr Lehrmann’s defamation case, that the breach of the undertaking constituted a contempt of court but that he did not intend to prosecute.

The Australian sought comment from Mr Lehrmann and ­Auerbach.