Bruce Lehrmann considering High Court bid after losing defamation appeal

Former Liberal staffer Bruce Lehrmann is weighing up a High Court challenge after losing his appeal against a Federal Court decision that found, on the balance of probabilities, he raped his colleague Brittany Higgins at Parliament House in 2019.

Lehrmann had appealed Justice Michael Lee's April 2024 ruling, which concluded Network Ten and journalist Lisa Wilkinson successfully established a truth defence in response to Lehrmann's defamation claim over a 2021 interview with Higgins on The Project. Justice Lee found Higgins' account of being sexually assaulted in Parliament House was proven on the civil standard of proof.

In a widely quoted line from his original judgment, Justice Lee remarked: "Having escaped the lions' den, Lehrmann made the mistake of going back for his hat."

After months of deliberation, the Full Court of the Federal Court on Wednesday dismissed Lehrmann's appeal in its entirety. Delivering the summary, Justice Michael Wigney said the primary judge had not erred in any of the ways claimed by Lehrmann, including his arguments that he had been denied procedural fairness.

Justice Wigney said the evidence supported a stronger conclusion than the one reached at first instance - that Lehrmann had actual knowledge that Higgins did not consent.

"The only reasonable inference ... is that he did turn his mind to whether Ms Higgins consented, was aware she was not consenting, but proceeded nonetheless," Justice Wigney said.

The appeal judges wrote that the circumstances "screamed loudly" that Higgins - intoxicated, passive, silent and significantly impaired - had not given consent.

Their findings go further than Justice Lee's original assessment, which had described Lehrmann's conduct as "non-advertent recklessness".

Costs and next steps

Lehrmann, who did not appear in court, has been ordered to pay Network Ten and Wilkinson's legal costs for running the appeal. He already owes the network about $2 million from the initial defamation proceedings, with payment paused pending the appeal outcome.

Outside court, his solicitor Zali Burrows said Lehrmann was "overwhelmed" and would now seek advice on whether to apply for special leave to the High Court.

"Bruce's life has been destroyed," she said. "We hope Bruce is seen as an inspiration to those who say they've been wrongly accused."

Ms Burrows added that supporters may step forward to help fund any further legal action.

Lehrmann continues to deny sexually assaulting Higgins. A 2022 criminal trial in the ACT Supreme Court was abandoned due to juror misconduct, meaning no criminal findings were made.

Reaction from Network Ten and Lisa Wilkinson

Lisa Wilkinson's barrister, Sue Chrysanthou, said her client was relieved the matter had concluded before Christmas.

"She is utterly delighted by the outcome," Ms Chrysanthou said. "She is particularly happy with the court's acceptance of her contentions regarding the nature of the assault."

A Network Ten spokesperson welcomed the decision, saying the judgment was "a triumph for truth" and reaffirmed that the broadcaster had proven Higgins' allegations.

"It remains a vindication for the courageous Brittany Higgins who gave a voice to women across the nation," the spokesperson said.