In a stunning legal defeat, Bruce Lehrmann has failed in his attempt to overturn a landmark defamation loss, with the full bench of the Federal Court dismissing his appeal in its entirety.
The ruling represents a comprehensive victory for journalist Lisa Wilkinson and Network 10, solidifying a monumental win for public interest journalism in Australia. The court found no error in the original judge's reasoning, dealing a final blow to Lehrmann's case.
A Costly Legal Gamble Backfires
Lehrmann's appeal centred on challenging the findings of Justice Michael Lee, who ruled that on the balance of probabilities, Lehrmann raped Brittany Higgins in Parliament House in 2019. The appeal judges unanimously found Justice Lee's process was 'meticulous' and his conclusions sound.
This failed appeal now leaves Lehrmann facing a mammoth financial burden. He is already liable for his own legal costs and a significant portion of the defendants' costs from the initial trial—a sum expected to run into millions of dollars. With this appeal loss, he will also be ordered to pay the legal costs for Wilkinson and Network 10 for this latest action, deepening a financial calamity.
Vindication for Wilkinson and Ten
For Lisa Wilkinson and Network 10, the dismissal is a moment of total vindication. Their defence relied on the truth – that their reporting on The Project was accurate. The court's confirmation effectively validates their journalism and the decision to air Brittany Higgins's story.
The original broadcast, which did not name Lehrmann, was found to have been identified by many viewers. Justice Lee's subsequent finding that Lehrmann was indeed the man at the centre of the allegations formed the bedrock of the successful defence, a foundation the appeal could not crack.
Wider Ramifications for Defamation Law
This case has been closely watched for its potential to reshape the Australian media landscape. Its outcome reinforces the ability of media organisations to report on allegations of serious misconduct, using the defence of truth, even when the subject has not been convicted in a criminal court.
Lehrmann's separate criminal trial in the ACT was abandoned due to juror misconduct, and a retrial was not pursued due to concerns for Ms Higgins's mental health. This defamation case thus became the definitive forum where the allegations were tested against the civil standard of proof.
The resounding failure of this appeal brings a definitive end to this chapter of the long-running legal saga, cementing a precedent that will resonate through newsrooms and courtrooms for years to come.
