Bruce Lehrmann considers defamation appeal amid fight over costs

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Bruce Lehrmann considers defamation appeal amid fight over costs
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The former Liberal staffer has until May 13 to lodge an appeal against a landmark decision dismissing his defamation case against Network Ten and Lisa Wilkinson.

Bruce Lehrmann is considering an appeal against a landmark decision dismissing his defamation case against Network Ten and Lisa Wilkinson, after a judge found on the balance of probabilities that the former federal Liberal staffer raped Brittany Higgins in Parliament House.

“It follows from the findings made in the trial judgment that, at the time of commencing the proceeding, Mr Lehrmann knew that he had raped Ms Higgins,” Ten’s barristers said in written submissions released last week.It is unlikely Lehrmann has the financial means to meet any costs order, meaning that in practical terms Ten will be left to cover its own costs and part of Wilkinson’s bill for a separate legal team. The court heard he has not been employed since June 2021 and is a law student.

Lehrmann’s barrister, David Helvadjian, said in written submissions that it would be “open to this court to conclude that ... should be compensated for the time and expense in having to establish that the qualified privilege defences were bound to fail”. However, Helvadjian also acknowledged that costs might be awarded on an indemnity basis, based on the Roberts-Smith case.

The former Liberal staffer was “hell-bent on having sex” with Higgins, had encouraged her to drink, and did “not care one way or another whether Ms Higgins understood or agreed to what was going on”, Lee said.

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