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Lehrmann details plans for appeal hearing
New representation and a bid to delay the mammoth costs order for his unsuccessful defamation trial are on the cards for Bruce Lehrmann as he heads into the next stage of his appeal hearing.
Naomi Neilson
Lehrmann’s new solicitor, Zali Burrows, told the Federal Court on Thursday (25 July) morning that there would likely be a stay application to put on hold the $2 million in legal fees Lehrmann owes for the failed defamation action against Network Ten and Lisa Wilkinson.
The defamation suit, heard by Justice Michael Lee, found, on the balance of probabilities, Lehrmann raped Brittany Higgins in Parliament House in March 2019. Lehrmann is not facing criminal charges.
Burrows, a high-profile criminal lawyer, was a last-minute addition to the appeal, with Lehrmann – still an unemployed law student – having previously filed and signed the appeal documents himself.
Burrows said it was likely a counsel would be retained for the hearing.
In the appeal documents, Lehrmann said it should not have been found he raped Higgins because of “significant credibility problems”.
He also said it was “wholly inadequate” of Justice Lee’s assessment that he would only have received $20,000 if he had won.
In response to the stay application, Network Ten’s counsel, Tim Senior, said it was “unfortunate” it was not raised before Justice Lee because “we have already incurred costs for enforcing the order”.
Burrows informed Justice Wendy Abraham that there would likely be an amendment to the appeal documents within the next few weeks.
Running alongside the stay application will be Network Ten’s and Lisa Wilkinson’s security for costs application in the sum of $200,000. If Lehrmann does not pay, they said the appeal should be dismissed.
Wilkinson’s counsel, Sue Chrysanthou, said her client’s position was covered under Network Ten’s application, given Ten has agreed to pay some of her legal costs given the unlikelihood of Lehrmann being able to pay the entire $2 million costs order sum.
The stay application and security for costs application will be heard together in mid-October.
The appeal hearing is estimated to take place over three days.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
