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The Canberra Times
The Canberra Times
Tim Piccione

Lehrmann seeks multi-million dollar costs delay as appeal bid reinforced

Bruce Lehrmann is set to request a delay on having to pay $2 million in legal costs as he reinforces his bid to overturn a civil finding of sexual assault made against him.

Mr Lehrmann is appealing Justice Michael Lee's judgment made in April, when the Federal Court judge found, on the balance of probabilities, the former Liberal staffer raped Brittany Higgins.

The judge also found journalist Lisa Wilkinson and Network Ten, who researched and broadcast Ms Higgins' Parliament House assault allegation, did not act reasonably in airing the interview.

Since the finding, Mr Lehrmann has been ordered to pay a hefty portion of Ten's legal fees but is unlikely to be financially capable of doing so.

His appeal case briefly appeared before Justice Wendy Abraham on Thursday, when Mr Lehrmann was surprisingly represented by solicitor Zali Burrows.

He was expected to represent himself in the appeal proceedings after solicitors and barristers took on his defamation case, and acted in last year's month-long civil trial, on a no-win-no-fee basis.

Bruce Lehrmann outside the Federal Court after Justice Michael Lee's judgment. Picture by AAP

Ms Burrows foreshadowed counsel was also likely to be involved in any appeal hearing.

The solicitor told the court an application would be filed by next week seeking a stay on the enforcement of the $2 million costs order made by Justice Lee.

Ten also requested a date so it could ask to court to order Mr Lehrmann to put down $200,000 as a security costs before his appeal proceedings can go ahead at all.

Justice Abraham set both applications for a hearing date on October 14, with a one day estimate.

"I would have thought that would be more than enough to hear two applications," the judge said from the Sydney courtroom.

Justice Lee reading his judgment. Picture screenshot

Among several appeal grounds, Mr Lehrmann is arguing a "denial of procedural fairness", Justice Lee did not properly take into account Ms Higgins' credibility issues, and a theoretical entitlement of $20,000 was inadequate.

In making his historic findings earlier this year, Justice Lee ruled Mr Lehrmann had not been defamed and was "not entitled to the vindication of his reputation".

On Thursday, Justice Abraham noted the estimated length for a possible appeal hearing was three days.

Journalist Lisa Wilkinson. Picture by Karleen Minney

She described Mr Lehrmann's appeal grounds as "relatively narrow or discreet".

The civil finding made against Mr Lehrmann does not amount to a criminal conviction and his ACT criminal trial was aborted in 2022 due to juror misconduct.

The charge of sexual intercourse without consent levelled at him was eventually dropped.

He is currently facing two unrelated rape charges in Queensland.

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