Ten seeking $200k from Lehrmann before appeal goes ahead

Bruce Lehrmann’s appeal against his damaging defamation suit loss to Network 10 and Lisa Wilkinson has come before the Federal Court for the first time.

Bruce Lehrmann is seeking to halt an order for him to pay $2m in legal costs following his damaging defamation suit loss as Network 10 asks him to stump up $200,000 in order for his appeal to go ahead.

Lehrmann’s legal battle with Network 10 and journalist Lisa Wilkinson returned to the Federal Court on Thursday morning, with the former political staffer hiring lawyer Zali Burrows following his landmark defamation suit loss earlier this year.

Lehrmann has launched an appeal to the Full Court of the Federal Court after losing his high-stakes lawsuit over Ms Wilkinson’s 2019 The Project interview with Brittany Higgins.

Justice Michael Lee found, on the balance of probabilities, that Lehrmann sexually assaulted Ms Higgins inside the office of Senator Linda Reynolds in Parliament House on the morning of March 23, 2019 following a night out drinking in Canberra.

Lehrmann was represented by solicitor Ms Burrows at a case management hearing before the Federal Court on Thursday.

Lehrmann, who is now a legal student, filed his own notice of appeal in late May.

Ms Burrows has previously represented the likes of former Auburn deputy mayor Salim Mehajer and convicted terrorist Hamdi Alqudsi.

Bruce Lehrmann has been asked to pay $200,000 as a security for legal costs. Picture: NewsWire / Monique Harmer

He lost a high-stakes legal battle over Lisa Wilkinson’s interview with Brittany Higgins. Picture: NewsWire / Gaye Gerard

Lehrmann’s solicitor Zali Burrows is arguing against the application. Picture: NewsWire / Nikki Short.

$200,000 SURETY

Ten’s lawyers earlier this month filed an application asking the court to order that Lehrmann deposit $200,000 as a security for their legal costs relating to the appeal.

Ten is asking Lehrmann to pay the surety within 42 days and, if he does not, for the Federal Court to permanently stay the appeal proceedings.

The $200,000 is to secure Network 10’s legal costs in the event Lehrmann is not successful in his appeal.

The court was told on Thursday that Ms Burrows would argue against the application at a hearing in October.

CCTV of Brittany Higgins and Mr Lehrmann entering senator Linda Reynolds’ office. Picture: Supplied.

THE FIGHT AGAINST COSTS

Ms Burrows will also seek an order for a stay on the $2m costs order made against Lehrmann following his defamation suit loss, the court was told.

In June, Lehrmann was ordered to pay Ten $2m for their legal costs following the failed defamation case.

The court was previously told Lehrmann could be forced into bankruptcy if he couldn’t meet the costs order.

“I also foreshadow there’s going to be an application filed by next week seeking a stay enforcement on the costs order from the court below,” Ms Burrows told the court.

Ten’s barrister Tim Senior told the court that proceedings to enforce the $2m costs order were already on foot.

However, Justice Wendy Abraham said the enforcement proceedings would likely not proceed until Lehrmann’s efforts to halt the order were heard in court.

Lehrmann lost his landmark defamation suit against Network 10 and Lisa Wilkinson. Picture: NewsWire/ Adam Yip

THE APPEAL

Lehrmann lodged his appeal in May, having consistently denied sexually assaulting his former colleague.

In a notice of appeal filed with the court, Lehrmann claims he was denied procedural fairness and challenged Justice Lee’s findings.

He has claimed that Justice Lee made findings that were neither advanced by Ten and Ms Wilkinson nor put to him in cross examination.

As well, he argued that Justice Lee should not have made his findings because Ms Higgins had “significant credibility problems” and he did not properly apply the “Brigginshaw principle”.

According to the “Briginshaw” principle, in civil cases involving serious allegations, courts are required to make findings at a higher standings.

According to the court documents, Lehrmann says Justice Lee should not have made the findings he did after rejecting Ms Higgins’ evidence about the “bruise” photograph.

A photo taken by Ms Higgins showing a bruise on her leg. Picture: Seven News Spotlight

Ms Higgins says that in an attempt to corroborate her allegations of what took place behind closed doors inside Senator Reynolds’ office, she took a photo of a bruise on her thigh a week later.

During Mr Lehrmann’s criminal trial, she claimed the bruise was suffered during the alleged rape – a claim she also made to The Project during her sit-down interview with Ms Wilkinson.

She said during her evidence to the Federal Court that the bruise may have been caused when she fell on the stairs at an 80s-themed bar earlier that night.

The court was told that the photo depicted a bruise on her right leg, when she claimed during Lehrmann’s criminal trial that he put his knee on her left leg.

“I fall well short of being satisfied that Mr Lehrmann placed his leg against either of Ms Higgins’ legs so forcefully as to cause a large bruise,” Justice Lee said in his judgment.

Mr Lehrmann also says in his appeal that “the (Project) broadcast suggests a violent rape, where (Ms Higgins) was in tears and repeatedly refused consent, of which (Mr Lehrmann) must have been aware”.

Mr Lehrmann argues that this is contrary to the Justice Lee’s findings that the incident involved a “nonviolent rape involving inadvertent recklessness”.

The court found that on the balance of probabilities, Lehrmann had raped Ms Higgins. Picture: NewsWire / Jeremy Piper

CCTV vision shows former political staffers Ms Higgins and Mr Lehrmann inside Parliament House in Canberra. Picture: NewsWire handout

THE TRIAL

The former Liberal staffer sued Ten and Ms Wilkinson over her interview with Ms Higgins on The Project in which the former political staffer said that she was raped by a former colleague.

In a landmark ruling, Justice Lee in April found, on the balance of probabilities, Lehrmann had raped Ms Higgins, dismissing Mr Lehrmann’s lawsuit.

Justice Lee said “it is more likely than not” that Lehrmann was “so intent upon gratification to be indifferent to Ms Higgins’ consent, and hence went ahead with sexual intercourse without caring whether she consented.”

It is unclear whether Mr Lehrmann has the funds for an appeal – the court has previously heard he has been unemployed since 2021 and is a legal student.

Lehrmann has consistently denied sexually assaulting Ms Higgins.

He faced trial in the ACT Supreme Court in 2022 after pleading not guilty to one count of sexual intercourse without consent.

The trial was abandoned due to juror misconduct and the Director of Public Prosecutions dropped the charges and plans for a retrial due to concerns about Ms Higgins’ welfare.

Originally published as Ten seeking $200k from Lehrmann before appeal goes ahead