Former Liberal staffer Bruce Lehrmann has accused the ABC of "an apparent contemptuous attempt to prejudice the jury" in his trial over the alleged rape of Brittany Higgins.
In a defamation case lodged with the Federal Court, Mr Lehrmann has taken specific aim at the ABC's broadcast of a National Press Club address in February 2022, which featured Ms Higgins and former Australian of the Year Grace Tame.
Mr Lehrmann's trial in October last year was abandoned because of juror misconduct, and there are no findings against him. He has always maintained his innocence.
His statement of claim lodged with the Federal Court alleges several broadcasts of the Press Club event in February 2022, including on free-to-air television, and YouTube.
Mr Lehrmann's claim alleges that 149,000 people viewed the television broadcast, and 127,000 watched on YouTube, where he states it also had 2,400 likes.
In the statement of claim, Mr Lehrmann's lawyers said, while a criminal trial was not yet in court, proceedings were underway at the time of the Press Club address.
The documents also state that the broadcast remained available online during the trial.
Mr Lehrmann claims the broadcast defamed him, because he alleges it carried "an assertion as a matter of fact that [he] had raped Ms Higgins on a couch in Parliament House".
"The statements made by Ms Higgins had an inherent tendency to cause serious harm to [Mr Lehrmann]," the submissions say.
Mr Lehrmann has already begun legal action against Network Ten and News Life Media, as well as journalists Lisa Wilkinson and Samantha Maiden over their interviews with Ms Higgins in February 2021.
Mr Lehrmann was not named in the interviews that were broadcast and published but he maintains he was easily identifiable as the alleged rapist.
The Network Ten and News Life Media are relying on qualified privilege and truth defences to his defamation claims.
However, the case has stalled for the moment while the Federal Court decides whether to allow Mr Lehrmann an extension of time to lodge his claim.
Sydney lawyer Mark O’Brien, a defamation specialist, is representing him.
The court will hold an initial hearing into the matter on April 28.
An ABC spokeswoman said the broadcaster had no "information we can give or comment to make at the present time".
