The Federal Court has ruled that Bruce Lehrmann must bear the substantial legal costs incurred by Channel Ten and journalist Lisa Wilkinson following his unsuccessful defamation case. The case centred on a 2021 interview with Brittany Higgins on 'The Project', in which she alleged she was raped in a parliamentary office in 2019.
Justice Michael Lee delivered a scathing assessment, finding that Lehrmann was ultimately the author of his own misfortune. The judge's ruling on costs means Lehrmann could be liable for a sum estimated to be as high as A$2.4 million, covering the legal fees of the respondents.
A Landmark Judgment on the Balance of Probability
In a pivotal finding, Justice Lee determined that, on the balance of probability, Bruce Lehrmann did rape Brittany Higgins. This civil standard of proof, different from the criminal 'beyond reasonable doubt', formed the cornerstone of the judgment and ultimately led to Lehrmann's defamation claim being dismissed.
The judge concluded that Lehrmann's actions were driven by a desire to pursue a political career and escape the consequences of his conduct, rather than a genuine pursuit of vindication.
The Aftermath and Wider Implications
The case has sent shockwaves through Australian media and political circles. It not only reaffirms the immense financial risks of launching defamation actions but also casts a long shadow over the culture within Parliament House.
For Brittany Higgins, the judgment represents a significant, though hard-fought, legal validation of her allegations. The ruling brings a measure of closure to a painful chapter that sparked national protests and a reckoning on the treatment of women in politics.
The substantial costs order serves as a stark warning to future litigants considering similar actions against media organisations.
