Lehrmann Takes Defamation Fight to High Court, Challenges Trial Judge's Conduct

Former Liberal staffer Bruce Lehrmann has formally applied to the High Court of Australia, seeking to overturn adverse findings in his long-running defamation case against Network 10 and journalist Lisa Wilkinson.

Court documents filed this month outline grounds of appeal against earlier rulings that found, on the balance of probabilities, Mr Lehrmann raped then-colleague Brittany Higgins at Parliament House in 2019. Mr Lehrmann continues to deny the allegation and maintains that no sexual activity occurred.

The application follows last month's decision by the Full Court of the Federal Court of Australia, which dismissed Mr Lehrmann's appeal against trial judge Justice Michael Lee's findings and upheld justification defences relied upon by Network 10 and Ms Wilkinson.

In his High Court filing, Mr Lehrmann alleges Justice Lee conducted independent research and relied on extraneous materials not properly ventilated during the proceedings. The application claims this conduct compromised factual findings central to the justification defence and amounted to an improper exercise of judicial power.

"The primary judge inappropriately conducted research and obtained extraneous materials," the application states, arguing those materials were relevant to contested factual findings and undermined procedural fairness.

The appeal also challenges conclusions about Mr Lehrmann's state of mind regarding consent. Justice Lee originally found Mr Lehrmann's conduct amounted to "non-advertent recklessness". However, the Full Court went further, accepting submissions from Network 10 and Ms Wilkinson that the evidence supported a finding Mr Lehrmann had actual knowledge that Ms Higgins did not consent.

Mr Lehrmann's lawyers argue the evidence did not justify either conclusion and say both judgments should be set aside. The application seeks either a retrial before a different judge or a fresh hearing before a new Full Court panel, including reconsideration of damages.

Mr Lehrmann initiated defamation proceedings over a 2021 interview aired on The Project, despite not being named. His claim failed after the trial judge found the rape allegation was substantially true, resulting in an order that he pay Network 10's legal costs, estimated at $2 million. Enforcement of that order was deferred pending appeal.

The court has previously heard Mr Lehrmann is unlikely to be able to meet the costs due to his financial position.

Mr Lehrmann was previously charged in the ACT Supreme Court in 2022, but the criminal trial was abandoned following juror misconduct and a subsequent decision by prosecutors not to proceed.

The High Court matter must first clear the threshold of special leave, with any substantive hearing not expected for some time.