Federal Court grants Bruce Lehrmann the right to appeal after failed defamation suit against Network Ten and journalist Lisa Wilkinson

In a significant development, the Federal Court has granted Bruce Lehrmann permission to appeal the ruling of his defamation case against Network Ten and journalist Lisa Wilkinson. The decision comes after Lehrmann’s original case was dismissed when Justice Michael Lee determined, on the balance of probabilities, that he had raped Brittany Higgins.

Lehrmann’s case stemmed from an interview aired on The Project, where Higgins publicly shared her allegations of rape. The case drew widespread media attention, particularly following a 2022 criminal trial that collapsed in the ACT Supreme Court due to juror misconduct, leaving Lehrmann’s innocence untested in a definitive manner.

The Federal Court’s ruling also included a delay in the enforcement of a costs order against Lehrmann stemming from the initial case, providing him some relief as he prepares for the next legal steps. The matter is scheduled to be revisited in court on November 6.

Justice Wendy Abraham noted that both parties acknowledged there were “arguable grounds of appeal.” Her decision not to require Lehrmann to pay a security for costs before proceeding with the appeal recognised his financial hardships; Lehrmann is reportedly on a Centrelink benefit, which raises concerns about his ability to meet any costs associated with the appeal.

Lehrmann’s legal representation, led by lawyer Zali Burrows, argued that the former Liberal staffer has been “smashed” by the ordeal and deserves the chance to contest the court’s findings. Burrows emphasised the serious implications of the court’s previous decision, highlighting the emotional and reputational toll on Lehrmann.

Despite the opposition from Network Ten’s legal team, which contended that Lehrmann’s grounds for appeal were weak and unwarranted, Justice Abraham acknowledged the substantial consequences for Lehrmann if he were denied the right to appeal. She indicated that the potential costs incurred by Network Ten and Wilkinson if the appeal proceeds would be considerable, yet noted the difficulty they might face in recovering these expenses.

As the appeal process unfolds, it will continue to draw public and media scrutiny, with both sides poised for a potentially lengthy legal battle. The outcome of this appeal could have significant ramifications not only for Lehrmann but also for broader discussions surrounding media responsibility and the handling of sexual assault allegations.