Bruce Lehrmann has seen his final legal avenue to challenge a landmark defamation ruling firmly closed, after a Federal Court judge dismissed his last-ditch application for leave to appeal.
A Final Legal Hurdle Falls
On Monday, Justice Michael Lee rejected Lehrmann's application to appeal a previous judgment which found, on the balance of probabilities, that he raped Brittany Higgins in Parliament House in 2019. This decision marks the definitive end of Lehrmann's attempts to overturn the outcome of his high-profile defamation case against Network Ten and journalist Lisa Wilkinson.
Justice Lee delivered his ruling from the bench, stating that an appeal had "no prospect of success." He characterised Lehrmann's legal arguments as seeking to re-agitate points already thoroughly considered during the original trial. The judge had previously found in April that Lehrmann was not defamed by a February 2021 report on *The Project* because the broadcast was substantially true.
The Core of the Rejected Appeal
Lehrmann's legal team had sought to challenge Justice Lee's findings on several fronts. Central to their argument was the claim that the judge had erred in his assessment of the evidence and in his application of the legal standard for proving the substantial truth of the rape allegation.
However, Justice Lee was unequivocal in his dismissal. He noted that the proposed appeal grounds essentially asked a full court to re-examine factual findings made at trial, a course which is rarely permitted. The judge emphasised that his original 324-page judgment had meticulously addressed the evidence and the credibility of witnesses, including Lehrmann himself, whom he had found to be a "fundamentally dishonest" witness.
The costs of this failed appeal application are also likely to be awarded against Lehrmann, adding to the multimillion-dollar legal bill he already faces from the initial trial.
Wider Implications and Case Background
This ruling draws a definitive line under a tortuous legal saga that has captivated and divided public opinion in Australia. The case originated from a report by Network Ten's *The Project*, in which Brittany Higgins first publicly alleged she was raped by a colleague in a minister's office in March 2019.
Lehrmann, who was not named in the broadcast, sued for defamation, arguing he was identifiable. The case became a de facto trial of the rape allegation, as Network Ten defended itself by pleading truth. Lehrmann has always denied the allegation, and his 2022 criminal trial in the ACT Supreme Court was abandoned due to juror misconduct, with no retrial ordered due to concerns for Higgins's mental health.
The conclusion of this appeal process solidifies the findings of Justice Lee's April judgment as the final legal word on the matter. It represents a significant vindication for Network Ten and Lisa Wilkinson's journalism, while also providing a form of legal resolution for Brittany Higgins, albeit in the civil rather than criminal sphere.
With all appeal options now exhausted, the findings that Bruce Lehrmann raped Brittany Higgins on the balance of probabilities stand as a permanent legal record.
