Bruce Lehrmann has failed in his attempt to overturn a landmark defamation ruling, with a full bench of the Federal Court dismissing his appeal. The court upheld the original finding that, on the balance of probabilities, Lehrmann raped his former colleague Brittany Higgins inside Parliament House in 2019.
Appeal Judges Uphold Landmark Ruling
The former political staffer had sought to challenge the April 2024 judgment of Justice Michael Lee, which threw out his defamation claim against Network Ten and journalist Lisa Wilkinson. Lehrmann had sued over a 2021 interview with Higgins broadcast on The Project, which he claimed defamed him by alleging rape.
On behalf of the full court, comprising Justices Michael Wigney, Craig Colvin, and Wendy Abraham, Justice Wigney delivered a summary judgment. He stated that the primary judge did not err in his determination and that the judgment was not unfair to Lehrmann. Neither Lehrmann nor Wilkinson was present in Sydney's Federal Court courtroom 19E for the decision, with both parties represented by their legal teams.
Key Arguments in the Appeal
During a two-day hearing in August, Lehrmann's legal team, led by solicitor Zali Burrows, argued that Justice Lee had made factual findings that differed from the case presented against him. They contended the judge found a violent rape occurred, a detail they claimed was not put to Lehrmann in evidence, taking him by surprise.
However, barrister for Network Ten, Matt Collins KC, countered this, labelling the suggestion Lehrmann might have given different testimony as "astonishing". He argued that the core defamatory sting was intercourse without consent, not the specific details of violence. Both sides also debated the legal definition of rape employed in the original trial.
Background and Lasting Impact
The civil defamation case became a proxy for the criminal allegations after Lehrmann's 2022 criminal trial for rape was abandoned due to juror misconduct. He has consistently maintained his innocence. The Federal Court's dismissal of this appeal solidifies the civil finding against him, a significant outcome in a case that has gripped Australia and sparked national conversations about consent, justice, and media responsibility.
The ruling brings a decisive close to this chapter of the long-running legal saga, affirming the original judge's conclusion regarding the events of March 2019. The case continues to have profound implications for all parties involved and for the reporting of serious sexual assault allegations in the public sphere.
