On Wednesday, the Federal Court is set to decide whether Bruce Lehrmann can push ahead with his bid for an appeal against the findings in his failed defamation case against Network Ten and journalist Lisa Wilkinson.
The former Liberal staffer sued over an interview with Brittany Higgins on The Project, in which she made the allegation that she had been raped at Parliament House, though Mr Lehrmann was not named at the time.
Mr Lehrmann’s 2022 criminal trial for the alleged rape of Ms Higgins was abandoned due to juror misconduct, leaving no findings against him, and he maintains his innocence.
The collapse of the trial and a decision not to retry the case then cleared the way for Mr Lehrmann to sue Network Ten and Ms Wilkinson.
But his case was lost when Justice Michael Lee found Mr Lehrmann had, on the balance of probabilities, raped Ms Higgins after the pair returned to the office at Parliament House where they both worked, following a night out with colleagues in Canberra.
The decision meant Network Ten’s defence of truth was successful and Mr Lehrmann was later ordered to pay the broadcaster’s costs of $2 million.
Mr Lehrmann is fighting the judgment with a wide-ranging appeal which emphasises whether the truth defence was valid.
But his appeal has reached a critical juncture and the Federal Court needs to decide on two key issues to determine whether it can push ahead.
A man of ‘modest means’
The legal fees of journalist Lisa Wilkinson (left) are estimated to cost $203,500, some of which Ten says may have to come out of her own pocket. (AAP: Mick Tsikas)
Mr Lehrmann needs the Federal Court to put a stay on the costs order requiring him to pay the $2 million to Network Ten.
For its part, Network Ten is asking for $200,000 from Mr Lehrmann for security of costs – money it wants put aside to pay for its legal fees if Mr Lehrmann loses the appeal.
Court documents made public last Thursday show the broadcaster estimates the appeal will cost them $272,500, including around $120,000 on barrister fees.
Separately, Lisa Wilkinson’s legal fees are estimated to cost $203,500, some of which Ten argues may have to come out of her own pocket.
Justice Lee has previously described Mr Lehrmann as a man of “modest means”.
Network Ten says if Mr Lehrmann cannot produce the security within an imposed time frame, the appeal should be dismissed.
Mr Lehrmann’s appeal can only proceed if he clears both hurdles.
Decision due for ‘arguably Australia’s most hated man’
Effectively, Justice Wendy Abraham is being asked to decide whether a person should maintain their right to appeal even if they’re impecunious.
The basic rule is that poverty is no bar to a litigant, but it is not hard and fast.
Mr Lehrmann, who was last week described by his own lawyer Zali Burrows as “arguably Australia’s most hated man”, claims his appeal is arguable and in the public interest.
Bruce Lehrmann’s lawyer Zali Burrows described her client as “arguably Australia’s most hated man”. (AAP: Mick Tsikas)
He also blames his financial downfall on Ms Higgins’s Network Ten interview and claims he does not have the financial means to pay the security.
Meanwhile, Network Ten is arguing Mr Lehrmann’s appeal points are “hopeless” or “weak at best” and claims his case would only be of the public interest in the event of an error in the law – not simply because it was interesting to the public.
It would be significant if Justice Abraham’s decision effectively prevented Mr Lehrmann from appealing.
Her Honour’s judgment is due to be handed down from 9:30am on Wednesday morning.
A retrial was abandoned, clearing the way for Mr Lehrmann to sue Network Ten and Journalist Lisa Wilkinson.
