Bruce Lehrmann faces a dual-pronged attack by Network Ten as he fights to stave off bankruptcy over a $2 million legal bill from his failed defamation case.
The 29-year-old's lawyer on Thursday foreshadowed he would try postpone a court order forcing him to pay Ten's hefty bill as he appealed against his dramatic legal loss, including findings he raped Brittany Higgins.
The broadcaster is seeking orders Lehrmann pay $200,000 as security in the appeal to cover any further legal bill if it again emerges the victor.
Following a brief appearance in the Federal Court, Justice Wendy Abraham scheduled a hearing for both applications on October 14.
Lehrmann's decision not to try to stay the $2 million costs order when it was made in June could mean his bid to do so now was rejected, she noted.
Ten's barrister Tim Senior told the court the ex-Liberal staffer's legal bid complicated matters because his client had started separate proceedings to enforce the court's costs order.
The network has contacted the Australian Financial Security Authority, which has issued a formal bankruptcy notice and served it on Lehrmann.
The ex-Liberal staffer is attempting to overturn a Federal Court judgment that found Ten did not defame him when it effectively outed him as a rapist.
Justice Michael Lee in April ruled, on the balance of probabilities, Lehrmann sexually assaulted Ms Higgins in Parliament House in March 2019.
Lehrmann's notice of appeal, which he signed without any lawyers, claimed he was denied procedural fairness in his case against Ten.
Justice Lee should not have found he engaged in rape because of deficiencies in Ms Higgins' evidence, the law student argued.
The 29-year-old recently retained solicitor Zali Burrows, who told Justice Abraham he was also seeking a new barrister to represent him at an upcoming appeal hearing.
Ms Burrows has previously represented a string of high-profile defendants, including disgraced ex-deputy mayor Salim Mehajer and convicted terrorist Bassam Hamzy.
Ten has filed its own notice of contention claiming the judge should have also found Lehrmann engaged in the sexual assault knowing - rather than merely being indifferent to the fact - Ms Higgins did not consent.
The network and journalist Lisa Wilkinson, who was also sued, have sought orders Lehrmann pay $200,000 to the court before his appeal is allowed to proceed.
If he does not pay up, they say the appeal should be dismissed.
The Federal Court previously heard the ex-Liberal staffer had no financial backers and was unlikely to be able to pay the $2 million in legal costs sought by Ten after defending the case.
Ten has also agreed to cover Wilkinson's legal bill for retaining separate counsel as long as those costs were reasonable.
Any of these additional costs will also be foisted on Lehrmann to pay.
Wilkinson has filed her own notice of contention challenging Justice Lee's dismissal of a qualified privilege defence claiming she acted reasonably along with Ten in publishing her report.
The judge found there was no proper analysis of Ms Higgins' claims, including the rape had been covered up by the Liberal Party before a federal election.
Lehrmann denies the sexual assault and is not facing criminal charges over the incident after his trial was aborted due to juror misconduct.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
