Bruce Lehrmann has been granted permission to proceed with his appeal against the findings of his failed defamation case without having to provide a $200,000 security payment to Network Ten.
This morning, Federal Court Justice Wendy Abraham dismissed the network’s application for the security, This effectively means Lehrmann’s defamation appeal can proceed without paying the $200k.
This development stems from Lehrmann’s unsuccessful defamation suit against Network Ten and journalist Lisa Wilkinson over a 2021 interview on The Project featuring Brittany Higgins.
Justice Michael Lee had found, on the balance of probabilities, that Lehrmann had sexually assaulted Higgins at Parliament House in 2019. Lehrmann has consistently denied the allegations and is now seeking to overturn Justice Lee’s findings.
His lawyer Zali Burrows argued that the security payment demand was unreasonable, stating, “It’s a bit rich to ask him to put up $200,000 when they are one of the contributors to why he is pretty much unemployable.”
In addition to dismissing Network Ten’s security payment request, Justice Abraham also paused Lehrmann’s $2 million costs order from his failed defamation case. This means Lehrmann will not need to pay this sum “until the appeal in the proceeding”.
The court heard that Lehrmann is currently unemployed and receiving Centrelink benefits, highlighting his financial difficulties. Burrows emphasised the importance of allowing the appeal to proceed, arguing that her client “does need to have his day in court” to challenge the defamation finding, even though it is to a civil standard.
Network Ten had contended that Lehrmann’s appeal prospects were not strong, with their barrister, Dr Matt Collins KC, describing some of Lehrmann’s appeal grounds as “faintly arguable”, per News.com.au.
The court has not yet published the reasons for the decision. Justice Abraham indicated that the appeal could be heard as early as March next year.
Lead image: Getty Images
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