Bruce Lehrmann has lost his final legal bid to challenge the outcome of his failed defamation case against Network Ten and journalist Lisa Wilkinson, after Australia's High Court dismissed his application on Thursday. The court's brief judgment effectively ends Lehrmann's efforts to overturn findings that he raped former Liberal staffer Brittany Higgins in Parliament House in 2019.
The High Court's dismissal comes after Lehrmann lost an appeal in December last year. In April 2024, Justice Michael Lee ruled that, on the balance of probabilities, Lehrmann raped Higgins, and therefore was not defamed by an interview Wilkinson conducted with Higgins on The Project in 2021. Although Lehrmann was not named in the interview, he claimed he was identifiable.
Following the verdict, Higgins released a statement saying the decision “brings a measure of finality to a long and painful chapter”. She criticised defamation claims brought by perpetrators of sexual violence, stating they re-traumatise victim-survivors and extend harm. She expressed hope for broader reflection on how the legal system can better protect those who come forward.
Lehrmann was charged with sexual intercourse without consent in 2021, pleaded not guilty, and continues to maintain his innocence. His criminal trial was aborted in December 2022 due to juror misconduct, and prosecutors later dropped charges, citing an “unacceptable risk” to Higgins's health. He then pursued Ten and Wilkinson in federal court, leading to the failed defamation trial. In his judgment, Justice Lee famously remarked that Lehrmann, having “escaped the lion's den, made the mistake of going back for his hat”.
The full bench of the Federal Court of Appeal went further than the trial judge, suggesting Justice Lee should have found Lehrmann knew Higgins did not consent. They dismissed all four grounds of his appeal, including claims of procedural unfairness and errors in the justification defence. Lehrmann launched his High Court bid in January, arguing the appeal court was wrong to uphold the defences, but the High Court has now dismissed that bid.
