Bruce Lehrmann has filed an application for special leave to appeal with the High Court of Australia, challenging Federal Court findings that, on the balance of probabilities, he sexually assaulted Brittany Higgins in Parliament House in 2019. This action marks the latest development in legal proceedings that originated from allegations made public in 2021.
High Court Application Details
Mr. Lehrmann's application seeks to overturn previous judgments from the Federal Court. The appeal targets both the primary judgment by Justice Michael Lee, which dismissed Mr. Lehrmann's defamation claim against Network 10 and journalist Lisa Wilkinson, and the subsequent decision by the full bench of the Federal Court that upheld Justice Lee's findings. Mr. Lehrmann has consistently denied all allegations of sexual activity.
Grounds for Appeal
The application for special leave to appeal outlines several grounds:
- Judicial Conduct: Mr. Lehrmann's legal team contends that Justice Lee "inappropriately conducted research and obtained extraneous materials," specifically referring to academic literature on sexual assault victims beyond the expert material agreed upon in the case. The application alleges that this conduct compromised the factual findings central to the justification defense and resulted in a non-impartial exercise of judicial power.
- Knowledge of Consent: The application challenges the Federal Court of Appeal's finding that Mr. Lehrmann possessed "actual knowledge" that Ms. Higgins did not consent to sexual intercourse. This contrasts with Justice Lee's initial finding of "non-advertent recklessness" regarding consent. Mr. Lehrmann's legal representatives argue that the evidence presented did not definitively support either conclusion.
- Interpretation of "Rape": The application disputes the interpretation of the term "rape" within the context of the broadcast that led to the defamation case. It asserts that an ordinary reasonable viewer would have understood "rape" in that context to mean "the rape and injury of an unconscious and then protesting woman," rather than a broader interpretation.
- Justification Defenses: It is also claimed that the Federal Court of Appeal erred in upholding the justification defenses presented by Network 10 and Lisa Wilkinson.
The application requests that both the primary judgment and the appeal judgment be set aside. It proposes that either a new judge determine damages owed to Mr. Lehrmann or a fresh panel of Federal Court judges review the case.
Background of Legal Proceedings
- 2019 Allegation: Former Liberal staffer Brittany Higgins alleged she was sexually assaulted on a couch in Parliament House.
- 2021 Public Allegations: Ms. Higgins publicly alleged sexual assault in an interview on Network 10's "The Project." Although the alleged perpetrator was not named, Mr. Lehrmann, a former Liberal colleague, claimed he was identifiable.
- 2022 Criminal Trial: Mr. Lehrmann pleaded not guilty to a charge of sexual intercourse without consent in the ACT Supreme Court. The trial was aborted due to juror misconduct, and the charges were subsequently dropped by prosecutors, citing an "unacceptable risk" to Ms. Higgins's health if a retrial were pursued.
- 2023 Defamation Case: Mr. Lehrmann sued Network 10 and Lisa Wilkinson for defamation. Justice Lee dismissed this claim, finding, on the balance of probabilities, that Mr. Lehrmann raped Ms. Higgins. Justice Lee characterized the overall case as an "omnishambles" in his summary. He reasoned that Mr. Lehrmann did not have "a state of mind of actual cognitive awareness that Higgins did not consent to having sex" at the relevant time, describing his knowledge as "non-advertent recklessness."
- December 2023 Federal Court Appeal: Mr. Lehrmann sought to overturn the 2023 defamation judgment. The full bench of the Federal Court dismissed his appeal, arguing that Justice Lee should have found that Mr. Lehrmann knew Ms. Higgins did not consent, based on her "very drunk, passive and silent" state.
Financial Context
Following the dismissal of his defamation claim, Mr. Lehrmann was ordered to pay Network 10 costs totaling $2 million. This payment was deferred during the appeal process.
Next Steps
The High Court documents were filed recently. A hearing date for the special leave application has not yet been scheduled. The case must secure special leave before a full appeal can proceed.