Lehrmann appeal ‘free’ to go ahead – no cash up front

Andrew L. Urban

Federal Court judge Wendy Abraham has dismissed the Ten Network’s application to force Bruce Lehrmann to put up $200,000 ahead of his appeal being heard; she also set aside the $2 million legal bill Lehrmann was ordered to pay Ten and presenter Lisa Wilkinson until after the appeal concludes. It won’t be payable if he wins the appeal. 

“As the appellant essentially submitted, the finding against him is extremely serious. Ms Wilkinson described it as a finding of criminal conduct,” Justice Abraham wrote in her judgment. She also awarded costs against Ten in respect of this application.

“The impact on him if he is denied that right is self-evident. That is the likely consequence of making the order the respondents seek. This is in a context of it being accepted there are arguable grounds of appeal.”

Lehrmann is appealing a landmark ruling that found Ten and Wilkinson did not defame him when airing an interview with Brittany Higgins in 2021 because, on the balance of probabilities, he did rape her in the office of senator Linda Reynolds.

Justice Abraham

Earlier this month the court heard arguments over whether the $2 million costs order should be set aside, and if Lehrmann should be required to put up $200,000 in security for costs before the matter is heard.

In considering the arguments, Justice Abraham noted that when judge Michael Lee handed down his judgment in the matter in April, aspects of Ten’s case failed.

“The primary judge made findings against all parties,” she wrote in her judgment. “Notwithstanding judgment in the respondents’ favour, aspects of their case failed, including in relation to his Honour’s consideration of the justification defence.”

Justice Abraham said that although she was “conscious” that Ten and Wilkinson will incur unrecoverable costs if the appeal proceeds, she was not persuaded the $200,000 order should be made.

The trial will likely be held in March next year, with Judge Abraham requesting the parties “liaise about procedural orders to ensure that the trial is run as efficiently as it can be done”.