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Lehrmann clears $200k hurdle to appeal defamation proceedings
A Federal Court judge has cleared the path for Bruce Lehrmann to appeal a finding he raped Brittany Higgins in Parliament House.
Naomi Neilson
A $200,000 hurdle that stood between Lehrmann and an appeal of his failed defamation case against Network Ten and Lisa Wilkinson was cleared by Justice Wendy Abraham on Wednesday (23 October) morning.
Lehrmann was found to have “engaged in a great wrong” on a civil standard. He has not been criminally convicted.
Approaching the question of security “on the basis that there are arguable grounds of appeal”, Justice Abraham said the findings against Lehrmann were “extremely serious” and the impact on him if the order was made would be “self-evident”.
Justice Abraham acknowledged the media parties would incur costs that “will likely be unrecoverable” if Lehrmann loses the appeal.
“Nonetheless, I am not persuaded, given the considerations relevant to the particular facts and circumstances of this case, that an order for security ought to be made,” Justice Abraham said.
Lehrmann also sought a stay of a $2 million costs order against him, which would have likely sent him into bankruptcy if enforced.
In considering whether to grant this order, Justice Abraham found there would “ultimately [be] no prejudice” to Network Ten, “except that of delay in resolution of the issue”. On the other hand, Lehrmann’s prospect of proceeding with his appeal would be affected.
“In the circumstances, I am satisfied that the balance of convenience favours granting of a stay of the costs order,” Justice Abraham said.
Appearing in court earlier this month, Lehrmann’s lawyer, Zali Burrows, accused Network Ten of using the security for costs application as a “bullying tactic to shut down this appeal”.
She added Lehrmann is “arguably, probably Australia’s most hated man”, and the only way he could fund a $200,000 security for costs order would be “by going on OnlyFans or something silly like that”, referring to a subscription service for adults-only content.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
