Lawyers for Network Ten have argued that Bruce Lehrmann's 12-month delay in filing a defamation claim was unreasonable, citing text messages that suggested he was advised he had a 'red hot' case and could 'make millions'. Lehrmann is seeking an extension to the usual time limit, blaming criminal proceedings, prior legal advice, and his mental health.
In final submissions to the Federal Court, Matthew Collins KC, representing Network Ten, said texts from the day of the initial publications showed Lehrmann had been told not to worry about prosecution and that he could pursue a lucrative defamation claim. Collins described Lehrmann's failure to even send a concerns notice as 'clearly not reasonable'.
Lehrmann, who denies receiving such advice, claims the texts were fabrications designed to put on a 'brave face'. His barrister, Matthew Richardson SC, argued that launching defamation proceedings while facing criminal charges would have exposed him to prejudice, compromising his right to silence.
However, lawyers for both Network Ten and Lisa Wilkinson rejected this, noting that Lehrmann did not even send a letter of demand for two years. Sue Chrysanthou SC, for Wilkinson, said Lehrmann always intended to sue her and never sought to settle. The court will decide whether to grant the extension.
