Bruce Lehrmann has launched a final, last-ditch legal attempt to clear his name after courts found he sexually assaulted Brittany Higgins in Parliament House. The disgraced former Liberal staffer is now taking his case to the High Court of Australia.
A Third Attempt at Overturning Defamation Ruling
This marks Lehrmann's third bid to win a Federal Court defamation case concerning a Network Ten report. The report featured the rape allegation made during an explosive interview on The Project in February 2021.
In April 2024, Justice Michael Lee dismissed Lehrmann's civil lawsuit, famously describing it as an 'omnishambles'. Crucially, Justice Lee found that, on the balance of probabilities, Lehrmann had raped Ms Higgins while she was intoxicated. This finding was upheld on appeal by the Full Federal Court in December 2024.
Grounds for the High Court Challenge
Lehrmann's application, prepared by barristers Gabriella Rubagotti and Bryanna Workman, argues that Justice Lee's impartiality was compromised. They claim the judge engaged in 'doing his own research' by obtaining extraneous, non-legal material.
'Here, the primary judge's impartiality was compromised and the judicial process has fundamentally miscarried,' the barristers wrote. They contend the judge was under a 'subconscious influence', leading him to wrongly find Ms Higgins did not consent or that a 'reckless' Lehrmann was aware she may not have been consenting.
The material alleged to have infected the judge's decision includes research on how victims can remain passive during assault and an article discussing rape myths.
High Stakes and Potential Consequences
Lehrmann's challenge specifically targets the judge's decision to uphold a justification defence by Ten and journalist Lisa Wilkinson. This defence asserted that the rape statements made during the interview were substantially true.
Lehrmann seeks to have the High Court toss out the decisions of both Justice Lee and the Full Court. If successful, this would allow him to pursue a payout in damages.
His lawyers must first argue for special leave before the court decides to hold a full hearing. They have urged the court to grant leave, stating the case is a matter of public importance.
The path to this point has been complex. A criminal case against Lehrmann in the ACT was derailed due to juror misconduct. A further trial was ruled out, meaning no findings have been made against him in a criminal court.
The stakes are critically high for Lehrmann. If he loses his High Court bid, he faces potential bankruptcy due to court orders requiring him to pay a $2 million legal bill to Network Ten.
