Bruce Lehrmann has failed in his attempt to overturn a landmark defamation judgment, with a full bench of the Federal Court dismissing his appeal. The former political staffer had sought to challenge a 2024 ruling that dismissed his case against Network Ten and journalist Lisa Wilkinson, which also found he had raped his colleague Brittany Higgins.
Court Upholds Original Judgment
The appeal was heard over two days in August by a full court comprising Justices Michael Wigney, Craig Colvin, and Wendy Abraham. Justice Michael Wigney delivered a summary judgment, stating that the primary judge, Justice Michael Lee, had not erred in his determination and that the process was not unfair to Lehrmann.
Neither Lehrmann nor Wilkinson were present in Sydney's federal court room 19E for the decision. They were represented by solicitor Zali Burrows and barrister Sue Chrysanthou SC, while Matt Collins KC appeared for Network Ten.
The Core of the Legal Dispute
The case stemmed from a 2021 interview on The Project, during which Brittany Higgins detailed allegations that Lehrmann raped her in Parliament House in 2019. Lehrmann sued for defamation, but Justice Lee dismissed the claim in 2024, finding that on the balance of probabilities—the civil standard—the rape had occurred.
During the appeal, Lehrmann's legal team argued that Justice Lee had made factual findings that differed from the case presented, including characterising the rape as "non-violent" in a way that allegedly surprised Lehrmann. Zali Burrows contended this deprived him of a fair chance to respond.
Network Ten's barrister, Matt Collins KC, countered this, labelling the suggestion that Lehrmann's testimony might have changed as "astonishing". He argued the core defamatory sting was the act of non-consensual intercourse, not its specific violent details.
Broader Context and Aftermath
The civil defamation case followed the collapse of a criminal trial in 2022 due to juror misconduct. Lehrmann has consistently maintained his innocence regarding the rape allegations.
In a notable twist during the appeal, lawyers for Ten and Wilkinson urged the judges to go further than Justice Lee's finding of recklessness regarding consent. They argued the evidence showed Lehrmann knew Higgins was not consenting.
This ruling represents a significant endpoint in this high-profile legal saga, upholding a judgment that has had profound implications for all parties involved and for public discourse surrounding allegations of sexual assault in Australia.
