Watch live: Appeal continues after Lehrmann dubbed ‘Australia's most hated man'
Bruce Lehrmann's lawyer returns to court on Thursday in a bid to overturn a damning finding that the former federal Liberal staffer is a rapist.
Zali Burrows told the Full Court of the Federal Court in Sydney on Wednesday that her client had been harassed on social media and had 'pretty much become the national joke'.
'He's probably Australia's most hated man,' Burrows said.
Lehrmann is appealing against Federal Court Justice Michael Lee's landmark decision last year dismissing his defamation case against Network Ten and journalist Lisa Wilkinson.
Lee was satisfied Ten and Wilkinson had proven to the civil standard – on the balance of probabilities – that Lehrmann raped Brittany Higgins in the office of their then-boss, Liberal senator Linda Reynolds, in the early hours of March 23, 2019. Lehrmann has always maintained his innocence.
The Full Court of the Federal Court – Justices Michael Wigney, Craig Colvin and Wendy Abraham – started hearing the appeal on Wednesday.
Burrows has urged the court to overturn the rape finding and argued that her client was denied procedural fairness.
She submitted on Wednesday there was a difference between what she described as the 'violent rape' alleged by Ten and Wilkinson, in which Higgins said no repeatedly, and the 'non-violent rape' Lee ultimately found had occurred.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles

ABC News
3 hours ago
- ABC News
Bruce Lehrmann's appeal over his failed defamation case ends abruptly as justices express frustration
Bruce Lehrmann's appeal over his failed defamation case has ended abruptly, after Federal Court judges expressed frustration with how his lawyer argued her case. The former Liberal staffer is appealing the result of his defamation case against Network Ten and journalist Lisa Wilkinson, in which Justice Michael Lee found, on the balance of probabilities, Mr Lehrmann had raped his then-colleague Brittany Higgins at Parliament House in Canberra in 2019. Mr Lehrmann has always maintained his innocence and launched the appeal in the Federal Court seeking to overturn that finding. On the second day of the appeal, Mr Lehrmann's lawyer, Zali Burrows, told the court Justice Lee "made up his own case" of what happened that night in Parliament House, arguing the defamation case turned into a "quasi-rape trial". "This is not, with respect, a judge's role to do that," Ms Burrows said. She said that was an error on Justice Lee's behalf because Mr Lehrmann was not able to respond to the judge's "version" of a "non-violent rape", which was a "different version" of events than was pleaded by Network Ten or Ms Wilkinson. "Regrettably, I don't like to use the word 'soft rape', but I have to use it," she said. "No doubt the media are going to make fun of that. Justice Craig Colvin, one of three judges presiding over the appeal, urged Ms Burrows to spell out her argument more specifically. "It is all very well to say these things out loud, but you need to explain why this is a different case," he said. "The findings His Honour has made are all within the four corners of what was described." Justice Michael Wigney also joined Justice Colvin's frustration, saying he was "struggling to understand" what Ms Burrows was attempting to argue. The comments from the justices came after they raised similar questions around the logic of Mr Lehrmann's grounds of appeal on the first day of the hearing. Today, Ms Burrows described Justice Lee's judgment as "a consolation prize" for Network Ten, since he was not persuaded as to the network's version of events. Though she promptly apologised for using that phrase. She went on to claim Justice Lee thought Ms Higgins "looked like a victim" and said it was not for a judge to make findings based on the "demeanour of a witness". In response, Justice Wigney said: "I'm not sure that that is getting close to an accurate summary of his critical finding." Ms Burrows made her final submissions after a failed attempt to have the hearing adjourned until Friday morning because she said she needed more time to consider various matters, including clarifications on some of the grounds of appeal. That request was denied, but the court did break for an early lunch. After lunch, she again requested that the matter be adjourned until Friday because she "embarrassingly" could not find some documents. Again, that was denied, but a brief adjournment was allowed and Ms Burrows returned to conclude her submissions. "When Mr Lehrmann leaves the court today, I'm pretty sure no one in the back of the court or any of the reporters downstairs are going to have anything nice to say about him," she said. Ms Burrows then began explaining the "level of vitriol and hatred" that Mr Lehrmann had received, but she was cut off by Justice Colvin. "Is this a speech or is this a submission?" he asked. Shortly afterwards, the hearing, which had originally been slated to run into Friday, was concluded. The justices have reserved their findings to be delivered at a later date.

Sydney Morning Herald
4 hours ago
- Sydney Morning Herald
Lawyer who acted for Lattouf slams ABC's new rules
The ABC's new rules for what its staff can and can't say on social media have been savaged by the lawyer who acted for Antoinette Lattouf in her Federal Court win over the broadcaster, who warned they could potentially be used illegally. Maurice Blackburn's principal lawyer Josh Bornstein said 'public comment guidelines' released by the ABC on Wednesday did not provide clear instructions to staff over what type of conduct might put them in breach of the rules. 'The new rules are straight out of corporate brand management textbook. In the words of the Federal Court in Ridd vs QCU, the rules 'are couched in vague and imprecise language'.' 'This means that they will be likely to be deployed selectively, capriciously and possibly illegally when bad faith complaints are made to the ABC. In other words, the same malaise that has enfeebled the ABC in recent decades.' Bornstein took aim at the ABC's management over their alleged inconsistent application of how its rules apply to a number of its different current and former journalists, who were classified as 'high risk' when making public comments under the broadcaster's new rules. Loading Tom Switzer, Amanda Vanstone, Phillip Adams, Laura Tingle, Waleed Aly and David Marr have all previously been able to take clearly impartial positions on many issues of the day, he says. 'There are other very high-profile and brilliant ABC journalists who have penned feminist books.' The ABC's social media policy came under scrutiny during Lattouf's Federal Court trial against the ABC after she was sacked for reposting a Human Rights Watch report on her Instagram, while employed on a five-day casual contract.

The Age
4 hours ago
- The Age
Lawyer who acted for Lattouf slams ABC's new rules
The ABC's new rules for what its staff can and can't say on social media have been savaged by the lawyer who acted for Antoinette Lattouf in her Federal Court win over the broadcaster, who warned they could potentially be used illegally. Maurice Blackburn's principal lawyer Josh Bornstein said 'public comment guidelines' released by the ABC on Wednesday did not provide clear instructions to staff over what type of conduct might put them in breach of the rules. 'The new rules are straight out of corporate brand management textbook. In the words of the Federal Court in Ridd vs QCU, the rules 'are couched in vague and imprecise language'.' 'This means that they will be likely to be deployed selectively, capriciously and possibly illegally when bad faith complaints are made to the ABC. In other words, the same malaise that has enfeebled the ABC in recent decades.' Bornstein took aim at the ABC's management over their alleged inconsistent application of how its rules apply to a number of its different current and former journalists, who were classified as 'high risk' when making public comments under the broadcaster's new rules. Loading Tom Switzer, Amanda Vanstone, Phillip Adams, Laura Tingle, Waleed Aly and David Marr have all previously been able to take clearly impartial positions on many issues of the day, he says. 'There are other very high-profile and brilliant ABC journalists who have penned feminist books.' The ABC's social media policy came under scrutiny during Lattouf's Federal Court trial against the ABC after she was sacked for reposting a Human Rights Watch report on her Instagram, while employed on a five-day casual contract.