Bruce Lehrmann has declared he will take his defamation battle to the High Court of Australia if his current appeal is unsuccessful. The former political staffer will discover his fate at 10.15am on Wednesday when a full bench of the Federal Court delivers its judgment on his attempt to overturn a damning civil ruling.
The Core of the Appeal and a Pledge to Fight On
Lehrmann lost his high-profile defamation case last April. Federal Court Justice Michael Lee ruled, on the balance of probabilities, that Lehrmann had raped his former colleague, Brittany Higgins, inside Parliament House in March 2019. Lehrmann had sued Network Ten and journalist Lisa Wilkinson over a 2021 episode of The Project which featured an interview with Ms Higgins, where she detailed her allegation of rape by a male colleague. Although he was not named in the broadcast, Lehrmann argued he was identifiable to friends and colleagues.
The trial, which ran from December 2023 to February 2024, concluded with a devastating loss for Lehrmann, who was labelled a rapist in the judgment and subsequently retreated from public view. If Wednesday's appeal judgment goes against him, the Daily Mail reports that prominent Sydney barrister Guy Reynolds SC is poised to lead a final challenge in the High Court, the nation's ultimate appellate jurisdiction.
Arguments Over 'Soft Rape' and Procedural Fairness
The appeal, heard over two days in August by Justices Craig Colvin, Michael Wigney, and Wendy Abraham, centred on complex legal arguments. Lehrmann's lawyer, Zali Burrows, contended that Justice Lee's original judgment was riddled with errors and that her client was denied procedural fairness. She argued the judge "made up his own case" about the events of the night, which differed from the "forceful" rape alleged by Network Ten's defence.
In a controversial submission, Ms Burrows told the court, "Regrettably, I don't like to use the word 'soft rape', but I have to use it." She asserted that Justice Lee had found a "non-violent" rape occurred, a finding for which Lehrmann was not prepared. This line of argument appeared to perplex the appeal judges, with Justice Colvin stating, "I'm not sure that's a concept I understand."
Ms Burrows maintained that because key violent elements argued by Network Ten—such as pinning Ms Higgins down—were not proven to the judge's satisfaction, the finding of a different kind of rape created an unfairness. However, Justice Wigney countered that as Lehrmann had denied any sexual intercourse took place, questioning him on specific details would have been pointless, noting, "This is not a different case. This is a case where much of what was identified was found."
A Final Bid to Clear His Name
It is understood any High Court challenge would hinge on whether the Brigginshaw principle—the heightened standard of proof for serious allegations in civil cases—was correctly applied by Justice Lee. For Lehrmann, this represents a last-ditch attempt to overturn the finding that has defined him in the public eye.
During the appeal, Ms Burrows, a criminal defence lawyer who acknowledged she was not an experienced barrister, apologised to the court for her level of preparation. She explained Lehrmann could not afford his preferred counsel, Mr Reynolds, and she was simply trying "to do the best I can." All now rests on Wednesday's decision, which will determine whether this protracted legal saga continues to the highest court in the land.
