Former Liberal staffer Bruce Lehrmann has admitted to the Federal Court that he fabricated details of legal advice he sought after media interviews with Brittany Higgins, in which she alleged she had been raped at Parliament House.
Mr Lehrmann made a surprise appearance in the Federal Court on Thursday as his lawyers argued he should be allowed extra time to sue media outlets and journalists over interviews.
Mr Lehrmann was not named in an interview published by News Life Media, written by journalist Samantha Maiden, nor in another aired on Network Ten's The Project with journalist Lisa Wilkinson.
But he says he was clearly identifiable in the news stories and has been defamed.
Mr Lehrmann has always maintained his innocence and there have been no findings against him after his trial was abandoned.
However, before he can pursue defamation action, he must convince the Federal Court it should allow his case, even though it was lodged after the 12-month limit on claims.
On Thursday, appearing via video from Sydney, Mr Lehrmann was quizzed about when he first received advice about defamation proceedings, and what he meant in a text to his then-girlfriend on the day the interviews became public.
"If I am named tonight I am up for millions in defamation," the message said.
Mr Lehrmann told the court the message was not something he was told by his lawyer; he was trying to placate his girlfriend, who was extremely upset.
"What I was putting to [her] was a brave face," Mr Lehrmann said.
He told the court he had sought legal advice after he was told there would be a story by a journalist from The Australian.
Lehrmann admits lying to friend about having a defamation lawyer earlier
In other text messages shown to the court, Mr Lehrmann told a friend he had two lawyers: one for defamation and one for criminal matters.
But he told the court on Thursday that was a lie.
He said he had written that message to his friend "so it would appear everything was under control".
Mr Lehrmann told the court he had asked a lawyer about defamation at the time The Project aired its story, but was told that action would need to wait.
"The best I can recall is that they said I would have to wait until criminal proceedings," Mr Lehrmann said.
His current lawyers will argue that advice delayed his application and, on that basis, his case should be allowed to proceed.
Mr Lehrmann had not been expected to give evidence at this stage, but disputes between the parties led to him being called Thursday morning.