Lehrmann arrives stony faced ahead of defamation appeal
The former federal political staffer is seeking to overturn a judgment he was not unlawfully defamed by Network Ten and journalist Lisa Wilkinson during an interview with Ms Higgins on The Project in 2021.
Justice Michael Lee found Ms Higgins' claims she had been raped in Parliament House in 2019 were substantially true in a ruling against Lehrmann in April 2024.
But Lehrmann, 29, claims the judgment was rife with errors which his lawyers plan to ventilate in a three-day appeal hearing, beginning on Wednesday.
He arrived at the Sydney courthouse on Wednesday more than an hour before the hearing, wearing his trademark rectangular glasses and navy suit, and carrying a brown briefcase.
The former Liberal staffer alleges he was denied procedural fairness because the events found by the judge were "starkly different" from the case run by Ten.
He points to the allegation Ms Higgins had repeatedly said "no on a loop" during the alleged incident, which Justice Lee was not satisfied had occurred.
The case as found by Justice Lee was not put to him during cross-examination for his response, Lehrmann argues.
He says because of deficiencies in Ms Higgins' evidence, the judge should not have found he engaged in rape.
The judge found Lehrmann had been "hell-bent" on having sex with Ms Higgins and had a mindset of "non-advertent recklessness" which showed he knew she was not consenting.
But his definition of rape has been criticised by Lehrmann, who claims it is inconsistent with the meaning conveyed to an ordinary person.
The former staffer also challenges the finding that he would only be entitled to $20,000 in damages had his defamation suit succeeded.
Lehrmann's lawyer Zali Burrows has argued her client was entitled to more than $1 million for the "false charge of rape".
Lehrmann denies sexually assaulting Ms Higgins. A criminal case against him in 2022 was abandoned without any findings against him.
"Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat," Justice Lee said in his decision in 2024.
The appeal hearing before the Full Court of the Federal Court is due to end on Friday, with a decision expected to be months away.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
Bruce Lehrmann kept his face blank as he strolled into Federal Court to challenge findings he raped his colleague Brittany Higgins in Parliament House.
The former federal political staffer is seeking to overturn a judgment he was not unlawfully defamed by Network Ten and journalist Lisa Wilkinson during an interview with Ms Higgins on The Project in 2021.
Justice Michael Lee found Ms Higgins' claims she had been raped in Parliament House in 2019 were substantially true in a ruling against Lehrmann in April 2024.
But Lehrmann, 29, claims the judgment was rife with errors which his lawyers plan to ventilate in a three-day appeal hearing, beginning on Wednesday.
He arrived at the Sydney courthouse on Wednesday more than an hour before the hearing, wearing his trademark rectangular glasses and navy suit, and carrying a brown briefcase.
The former Liberal staffer alleges he was denied procedural fairness because the events found by the judge were "starkly different" from the case run by Ten.
He points to the allegation Ms Higgins had repeatedly said "no on a loop" during the alleged incident, which Justice Lee was not satisfied had occurred.
The case as found by Justice Lee was not put to him during cross-examination for his response, Lehrmann argues.
He says because of deficiencies in Ms Higgins' evidence, the judge should not have found he engaged in rape.
The judge found Lehrmann had been "hell-bent" on having sex with Ms Higgins and had a mindset of "non-advertent recklessness" which showed he knew she was not consenting.
But his definition of rape has been criticised by Lehrmann, who claims it is inconsistent with the meaning conveyed to an ordinary person.
The former staffer also challenges the finding that he would only be entitled to $20,000 in damages had his defamation suit succeeded.
Lehrmann's lawyer Zali Burrows has argued her client was entitled to more than $1 million for the "false charge of rape".
Lehrmann denies sexually assaulting Ms Higgins. A criminal case against him in 2022 was abandoned without any findings against him.
"Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat," Justice Lee said in his decision in 2024.
The appeal hearing before the Full Court of the Federal Court is due to end on Friday, with a decision expected to be months away.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
Bruce Lehrmann kept his face blank as he strolled into Federal Court to challenge findings he raped his colleague Brittany Higgins in Parliament House.
The former federal political staffer is seeking to overturn a judgment he was not unlawfully defamed by Network Ten and journalist Lisa Wilkinson during an interview with Ms Higgins on The Project in 2021.
Justice Michael Lee found Ms Higgins' claims she had been raped in Parliament House in 2019 were substantially true in a ruling against Lehrmann in April 2024.
But Lehrmann, 29, claims the judgment was rife with errors which his lawyers plan to ventilate in a three-day appeal hearing, beginning on Wednesday.
He arrived at the Sydney courthouse on Wednesday more than an hour before the hearing, wearing his trademark rectangular glasses and navy suit, and carrying a brown briefcase.
The former Liberal staffer alleges he was denied procedural fairness because the events found by the judge were "starkly different" from the case run by Ten.
He points to the allegation Ms Higgins had repeatedly said "no on a loop" during the alleged incident, which Justice Lee was not satisfied had occurred.
The case as found by Justice Lee was not put to him during cross-examination for his response, Lehrmann argues.
He says because of deficiencies in Ms Higgins' evidence, the judge should not have found he engaged in rape.
The judge found Lehrmann had been "hell-bent" on having sex with Ms Higgins and had a mindset of "non-advertent recklessness" which showed he knew she was not consenting.
But his definition of rape has been criticised by Lehrmann, who claims it is inconsistent with the meaning conveyed to an ordinary person.
The former staffer also challenges the finding that he would only be entitled to $20,000 in damages had his defamation suit succeeded.
Lehrmann's lawyer Zali Burrows has argued her client was entitled to more than $1 million for the "false charge of rape".
Lehrmann denies sexually assaulting Ms Higgins. A criminal case against him in 2022 was abandoned without any findings against him.
"Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat," Justice Lee said in his decision in 2024.
The appeal hearing before the Full Court of the Federal Court is due to end on Friday, with a decision expected to be months away.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
Bruce Lehrmann kept his face blank as he strolled into Federal Court to challenge findings he raped his colleague Brittany Higgins in Parliament House.
The former federal political staffer is seeking to overturn a judgment he was not unlawfully defamed by Network Ten and journalist Lisa Wilkinson during an interview with Ms Higgins on The Project in 2021.
Justice Michael Lee found Ms Higgins' claims she had been raped in Parliament House in 2019 were substantially true in a ruling against Lehrmann in April 2024.
But Lehrmann, 29, claims the judgment was rife with errors which his lawyers plan to ventilate in a three-day appeal hearing, beginning on Wednesday.
He arrived at the Sydney courthouse on Wednesday more than an hour before the hearing, wearing his trademark rectangular glasses and navy suit, and carrying a brown briefcase.
The former Liberal staffer alleges he was denied procedural fairness because the events found by the judge were "starkly different" from the case run by Ten.
He points to the allegation Ms Higgins had repeatedly said "no on a loop" during the alleged incident, which Justice Lee was not satisfied had occurred.
The case as found by Justice Lee was not put to him during cross-examination for his response, Lehrmann argues.
He says because of deficiencies in Ms Higgins' evidence, the judge should not have found he engaged in rape.
The judge found Lehrmann had been "hell-bent" on having sex with Ms Higgins and had a mindset of "non-advertent recklessness" which showed he knew she was not consenting.
But his definition of rape has been criticised by Lehrmann, who claims it is inconsistent with the meaning conveyed to an ordinary person.
The former staffer also challenges the finding that he would only be entitled to $20,000 in damages had his defamation suit succeeded.
Lehrmann's lawyer Zali Burrows has argued her client was entitled to more than $1 million for the "false charge of rape".
Lehrmann denies sexually assaulting Ms Higgins. A criminal case against him in 2022 was abandoned without any findings against him.
"Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat," Justice Lee said in his decision in 2024.
The appeal hearing before the Full Court of the Federal Court is due to end on Friday, with a decision expected to be months away.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
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Bruce Lehrmann has challenged damning findings from a landmark defamation case, arguing not all rape is violent as his tattered reputation takes another beating. The former federal political staffer is appealing his loss to Network Ten and journalist Lisa Wilkinson, whom he sued over an interview they conducted with his former colleague Brittany Higgins on The Project in 2021. In his ruling on the defamation case in April 2024, Federal Court Justice Michael Lee found Ms Higgins' claims she had been raped by Lehrmann in parliament house in 2019 were proven on the balance of probabilities. In his headline-grabbing decision, the judge quipped: "Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat" in reference to his doomed defamation bid. Lehrmann's lawyer Zali Burrows told the appeal court on Wednesday Justice Lee's ruling, on the heels of an abandoned criminal trial, meant Lehrmann has become probably "the most damaged man in Australia". Media attention, aggravated by commentary from Channel Ten and Wilkinson, led to a flood of hateful social media comments aimed at Lehrmann, she said. "He's pretty much become a national joke," Ms Burrows told the court. She argued Lehrmann, 30, was denied procedural fairness because the facts found by Justice Lee were "starkly different" from the case run by Ten. The ex-Liberal staffer had been "taken by surprise" the judge had adopted a "softer" sequence of events that had not been put to Lehrmann in cross-examination, Ms Burrows said. She claimed Lehrmann had been accused of committing a violent rape but Justice Lee had found it was a "non-violent rape", prompting Justice Craig Colvin to say he wasn't sure he understood that concept. Ten's barrister Matt Collins KC contended the judge had found Ms Higgins' rape was violent, and indeed: "All rape is violent". Lehrmann argued the judge was not satisfied about a number of the violent elements argued by Ten, including he had held open Ms Higgins' legs. "The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it," Dr Collins said. He rejected Lehrmann's suggestions he should be awarded damages of more than $20,000 if successful on appeal. Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, continued raping her when she became aware, and left her in a state of undress, Dr Collins said. "That is not a man with any reputation in respect of sexual morality that would warrant compensation," he said. He took issue with Justice Lee's finding Lehrmann had been reckless as to whether Ms Higgins was consenting and urged the appeal court to instead find he knew she did not consent. 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Earlier in the day, Ms Burrows apologised Lehrmann was not represented by a silk, telling the panel of judges he "really wanted" Guy Reynolds SC but "couldn't afford" to engage him. The defamation case and related appeal are among a host of court actions spawned by Ms Higgins' allegation of sexual assault. The Western Australian Supreme Court will next Wednesday rule on former Liberal senator Linda Reynolds' high-profile defamation case against Ms Higgins, her former employee. 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028 Bruce Lehrmann has challenged damning findings from a landmark defamation case, arguing not all rape is violent as his tattered reputation takes another beating. The former federal political staffer is appealing his loss to Network Ten and journalist Lisa Wilkinson, whom he sued over an interview they conducted with his former colleague Brittany Higgins on The Project in 2021. In his ruling on the defamation case in April 2024, Federal Court Justice Michael Lee found Ms Higgins' claims she had been raped by Lehrmann in parliament house in 2019 were proven on the balance of probabilities. In his headline-grabbing decision, the judge quipped: "Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat" in reference to his doomed defamation bid. Lehrmann's lawyer Zali Burrows told the appeal court on Wednesday Justice Lee's ruling, on the heels of an abandoned criminal trial, meant Lehrmann has become probably "the most damaged man in Australia". Media attention, aggravated by commentary from Channel Ten and Wilkinson, led to a flood of hateful social media comments aimed at Lehrmann, she said. "He's pretty much become a national joke," Ms Burrows told the court. She argued Lehrmann, 30, was denied procedural fairness because the facts found by Justice Lee were "starkly different" from the case run by Ten. The ex-Liberal staffer had been "taken by surprise" the judge had adopted a "softer" sequence of events that had not been put to Lehrmann in cross-examination, Ms Burrows said. She claimed Lehrmann had been accused of committing a violent rape but Justice Lee had found it was a "non-violent rape", prompting Justice Craig Colvin to say he wasn't sure he understood that concept. Ten's barrister Matt Collins KC contended the judge had found Ms Higgins' rape was violent, and indeed: "All rape is violent". Lehrmann argued the judge was not satisfied about a number of the violent elements argued by Ten, including he had held open Ms Higgins' legs. "The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it," Dr Collins said. He rejected Lehrmann's suggestions he should be awarded damages of more than $20,000 if successful on appeal. Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, continued raping her when she became aware, and left her in a state of undress, Dr Collins said. "That is not a man with any reputation in respect of sexual morality that would warrant compensation," he said. He took issue with Justice Lee's finding Lehrmann had been reckless as to whether Ms Higgins was consenting and urged the appeal court to instead find he knew she did not consent. Ms Wilkinson's lawyer agreed Lehrmann's "level of indifference" could not be inadvertent and instead amounted to a definition of "intentional rape" as understood by an ordinary person. "A young man who knows that a woman is very drunk knows that she cannot consent," Sue Chrysanthou SC said. "This is not a legal question, this is a question that is considered on the standards of the community." Lehrmann not only knew Ms Higgins was very intoxicated but encouraged her to drink, she said. Both lawyers argued Lehrmann had been confronted with the main facts of the case as found by Justice Lee: that sex took place, Ms Higgins did not consent and Lehrmann had been reckless as to her consent. Lehrmann maintains he did not sexually assault Ms Higgins and a 2022 criminal case against him was abandoned without any findings against him. Earlier in the day, Ms Burrows apologised Lehrmann was not represented by a silk, telling the panel of judges he "really wanted" Guy Reynolds SC but "couldn't afford" to engage him. The defamation case and related appeal are among a host of court actions spawned by Ms Higgins' allegation of sexual assault. The Western Australian Supreme Court will next Wednesday rule on former Liberal senator Linda Reynolds' high-profile defamation case against Ms Higgins, her former employee. 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028 Bruce Lehrmann has challenged damning findings from a landmark defamation case, arguing not all rape is violent as his tattered reputation takes another beating. The former federal political staffer is appealing his loss to Network Ten and journalist Lisa Wilkinson, whom he sued over an interview they conducted with his former colleague Brittany Higgins on The Project in 2021. In his ruling on the defamation case in April 2024, Federal Court Justice Michael Lee found Ms Higgins' claims she had been raped by Lehrmann in parliament house in 2019 were proven on the balance of probabilities. In his headline-grabbing decision, the judge quipped: "Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat" in reference to his doomed defamation bid. Lehrmann's lawyer Zali Burrows told the appeal court on Wednesday Justice Lee's ruling, on the heels of an abandoned criminal trial, meant Lehrmann has become probably "the most damaged man in Australia". Media attention, aggravated by commentary from Channel Ten and Wilkinson, led to a flood of hateful social media comments aimed at Lehrmann, she said. "He's pretty much become a national joke," Ms Burrows told the court. She argued Lehrmann, 30, was denied procedural fairness because the facts found by Justice Lee were "starkly different" from the case run by Ten. The ex-Liberal staffer had been "taken by surprise" the judge had adopted a "softer" sequence of events that had not been put to Lehrmann in cross-examination, Ms Burrows said. She claimed Lehrmann had been accused of committing a violent rape but Justice Lee had found it was a "non-violent rape", prompting Justice Craig Colvin to say he wasn't sure he understood that concept. Ten's barrister Matt Collins KC contended the judge had found Ms Higgins' rape was violent, and indeed: "All rape is violent". Lehrmann argued the judge was not satisfied about a number of the violent elements argued by Ten, including he had held open Ms Higgins' legs. "The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it," Dr Collins said. He rejected Lehrmann's suggestions he should be awarded damages of more than $20,000 if successful on appeal. Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, continued raping her when she became aware, and left her in a state of undress, Dr Collins said. "That is not a man with any reputation in respect of sexual morality that would warrant compensation," he said. He took issue with Justice Lee's finding Lehrmann had been reckless as to whether Ms Higgins was consenting and urged the appeal court to instead find he knew she did not consent. Ms Wilkinson's lawyer agreed Lehrmann's "level of indifference" could not be inadvertent and instead amounted to a definition of "intentional rape" as understood by an ordinary person. "A young man who knows that a woman is very drunk knows that she cannot consent," Sue Chrysanthou SC said. "This is not a legal question, this is a question that is considered on the standards of the community." Lehrmann not only knew Ms Higgins was very intoxicated but encouraged her to drink, she said. Both lawyers argued Lehrmann had been confronted with the main facts of the case as found by Justice Lee: that sex took place, Ms Higgins did not consent and Lehrmann had been reckless as to her consent. Lehrmann maintains he did not sexually assault Ms Higgins and a 2022 criminal case against him was abandoned without any findings against him. Earlier in the day, Ms Burrows apologised Lehrmann was not represented by a silk, telling the panel of judges he "really wanted" Guy Reynolds SC but "couldn't afford" to engage him. The defamation case and related appeal are among a host of court actions spawned by Ms Higgins' allegation of sexual assault. The Western Australian Supreme Court will next Wednesday rule on former Liberal senator Linda Reynolds' high-profile defamation case against Ms Higgins, her former employee. 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028 Bruce Lehrmann has challenged damning findings from a landmark defamation case, arguing not all rape is violent as his tattered reputation takes another beating. The former federal political staffer is appealing his loss to Network Ten and journalist Lisa Wilkinson, whom he sued over an interview they conducted with his former colleague Brittany Higgins on The Project in 2021. In his ruling on the defamation case in April 2024, Federal Court Justice Michael Lee found Ms Higgins' claims she had been raped by Lehrmann in parliament house in 2019 were proven on the balance of probabilities. In his headline-grabbing decision, the judge quipped: "Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat" in reference to his doomed defamation bid. Lehrmann's lawyer Zali Burrows told the appeal court on Wednesday Justice Lee's ruling, on the heels of an abandoned criminal trial, meant Lehrmann has become probably "the most damaged man in Australia". Media attention, aggravated by commentary from Channel Ten and Wilkinson, led to a flood of hateful social media comments aimed at Lehrmann, she said. "He's pretty much become a national joke," Ms Burrows told the court. She argued Lehrmann, 30, was denied procedural fairness because the facts found by Justice Lee were "starkly different" from the case run by Ten. The ex-Liberal staffer had been "taken by surprise" the judge had adopted a "softer" sequence of events that had not been put to Lehrmann in cross-examination, Ms Burrows said. She claimed Lehrmann had been accused of committing a violent rape but Justice Lee had found it was a "non-violent rape", prompting Justice Craig Colvin to say he wasn't sure he understood that concept. Ten's barrister Matt Collins KC contended the judge had found Ms Higgins' rape was violent, and indeed: "All rape is violent". Lehrmann argued the judge was not satisfied about a number of the violent elements argued by Ten, including he had held open Ms Higgins' legs. "The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it," Dr Collins said. He rejected Lehrmann's suggestions he should be awarded damages of more than $20,000 if successful on appeal. Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, continued raping her when she became aware, and left her in a state of undress, Dr Collins said. "That is not a man with any reputation in respect of sexual morality that would warrant compensation," he said. He took issue with Justice Lee's finding Lehrmann had been reckless as to whether Ms Higgins was consenting and urged the appeal court to instead find he knew she did not consent. Ms Wilkinson's lawyer agreed Lehrmann's "level of indifference" could not be inadvertent and instead amounted to a definition of "intentional rape" as understood by an ordinary person. "A young man who knows that a woman is very drunk knows that she cannot consent," Sue Chrysanthou SC said. "This is not a legal question, this is a question that is considered on the standards of the community." Lehrmann not only knew Ms Higgins was very intoxicated but encouraged her to drink, she said. Both lawyers argued Lehrmann had been confronted with the main facts of the case as found by Justice Lee: that sex took place, Ms Higgins did not consent and Lehrmann had been reckless as to her consent. Lehrmann maintains he did not sexually assault Ms Higgins and a 2022 criminal case against him was abandoned without any findings against him. Earlier in the day, Ms Burrows apologised Lehrmann was not represented by a silk, telling the panel of judges he "really wanted" Guy Reynolds SC but "couldn't afford" to engage him. The defamation case and related appeal are among a host of court actions spawned by Ms Higgins' allegation of sexual assault. The Western Australian Supreme Court will next Wednesday rule on former Liberal senator Linda Reynolds' high-profile defamation case against Ms Higgins, her former employee. 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028
