Bruce Lehrmann has lost his final legal bid to challenge the outcome of his defamation case against Network Ten and Lisa Wilkinson, after Australia's High Court dismissed his application on Thursday. The court published a short judgment rejecting his attempt to appeal the finding that, on the balance of probabilities, he raped Brittany Higgins in Parliament House in 2019.
In April 2024, Justice Michael Lee ruled that Lehrmann was not defamed by an interview on The Project because the rape allegation was substantially true. Lehrmann had claimed he was identifiable in the 2021 interview, despite not being named. He lost an appeal against that decision in the Federal Court last December.
Brittany Higgins, who was not a party to the case, welcomed the High Court's decision, saying it “brings a measure of finality to a long and painful chapter”. In a statement, she criticised defamation claims brought by perpetrators of sexual violence, saying they re-traumatise victim-survivors and extend the harm they suffer.
Lehrmann was charged with sexual intercourse without consent in 2021 but pleaded not guilty. His criminal trial was aborted in December 2022 due to juror misconduct, and prosecutors later dropped the charges, citing an “unacceptable risk” to Higgins's health. Lehrmann continues to maintain his innocence.
In his original judgment, Justice Lee famously remarked that Lehrmann, “having escaped the lion's den, made the mistake of going back for his hat” by pursuing the civil case. The Federal Court appeal judges went further, suggesting Lee should have found Lehrmann knew Higgins did not consent. Lehrmann's High Court bid argued the appeal court was wrong to uphold the justification defences, but the High Court dismissed it without a hearing.
