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”.
Andrew – “Ms Wilkinson described it as a finding of criminal conduct”. Can Bruce Lehrmann expect a fair go after having been found guilty in the Highest Court of the Land . The Channel 10 Privy Court of Supreme Wisdom and No Appeal. Mess with them at your peril .Check their logo! Will the preceding be televised without breaks for tooth polishing promotions ? Will the trial be adjudicated by 12 builders labourers- or the usual lake Wannsee mob of PHD Naysayer? Honestly ! What reputation do Appeals Courts have in Australia ? Sue Neill-Fraser as an example of the many common half-witted outcomes ……
“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.”
So will this point be enough for Bruce to win?
Well, there will be lots of comments and I, will make just one comment. Bruce Lehrmann needs better lawyers than he had last time.
So much wrong with Justice Lee’s conduct and many others.
Pity sayings and lies exposed but one liar lied more than the others. Go figure.
Size of cheque books and big end of town interference can’t be allowed stop anyone from having a right to appeal. I personally have no sympathy for the two main characters in this whole saga.
I do however realise that these are real people
They deserve better than a laugh a minute judgement. There is nothing funny for either party.