High Court rejects Bruce Lehrmann’s defamation appeal over Brittany Higgins rape allegations
Consensus Summary
The High Court’s refusal to hear Bruce Lehrmann’s appeal finalizes a legal saga where a Federal Court judge found the former Liberal staffer raped Brittany Higgins in 2019 at Parliament House. Justice Michael Lee ruled on the balance of probabilities that Lehrmann was indifferent to Higgins’ consent during sex in Senator Linda Reynolds’ office, a decision upheld by the Full Court despite Lehrmann’s appeals. Both sources confirm the defamation case stemmed from Higgins’ 2021 *The Project* interview, where she alleged rape without naming Lehrmann, and that Lehrmann’s legal costs now exceed $2.5 million. While both articles agree on core facts like the High Court’s dismissal and the collapse of Lehrmann’s criminal trial due to juror misconduct, NEWSCOMAU highlights the Full Court’s stricter interpretation of Lehrmann’s knowledge of non-consent, a nuance ABC does not emphasize. Lehrmann, who denies the allegations, exhausted all appeal options after the High Court denied special leave, leaving his defamation findings legally binding.
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Key details reported by multiple sources:
- Bruce Lehrmann was found by Justice Michael Lee (Federal Court) to have raped Brittany Higgins on the balance of probabilities in March 2019 at Parliament House
- Justice Lee ruled Lehrmann was ‘hell-bent on having sex’ with Higgins and ‘did not care one way or another whether Ms Higgins understood or agreed’
- Lehrmann sued Network Ten and journalist Lisa Wilkinson over a 2021 *The Project* interview where Higgins alleged rape but did not name the perpetrator
- The High Court refused special leave to appeal Lehrmann’s defamation loss, ending his legal avenues
- Lehrmann was ordered to pay Network Ten and Wilkinson’s costs, including $2 million for the Federal Court trial and $500,000 for the Full Court appeal
- A criminal trial against Lehrmann collapsed in 2020 due to juror misconduct, with no findings made
- Justice Lee’s judgment included the quote: ‘Having escaped the lions’ den, Mr Lehrmann made the mistake of going back for his hat’
Points of Difference
Details reported by only one source:
- Justice Lee’s original judgment explicitly stated Lehrmann ‘raped Ms Higgins’ (direct quote)
- Lehrmann’s appeal to the Full Court was dismissed in December 2023 on four grounds, including procedural fairness claims
- The Full Court ruled Justice Lee had not erred in any alleged ways by Lehrmann
- Lehrmann’s argument that he was identifiable in Higgins’ 2021 interview was rejected by the Federal Court
- The Full Court of the Federal Court found Justice Lee *should have* determined Lehrmann had ‘actual knowledge’ Higgins was not consenting (beyond Justice Lee’s findings)
- The High Court rejected Lehrmann’s claim that Justice Lee conducted ‘own research’ and relied on non-legal material like academic papers, noting Ten argued those papers were only referenced for legal arguments
- Justice Lee wrote in his judgment: ‘I am not to rely on matters not in evidence’
- Lehrmann’s legal costs for the Full Court appeal were estimated at $500,000 (not explicitly stated in ABC)
- Lehrmann’s defense that he left the Defence Minister’s office separately from Higgins and did not see her again that night was reported as his persistent denial
Contradictions
Conflicting information between sources:
- ABC states Justice Lee’s original judgment explicitly concluded Lehrmann ‘raped Ms Higgins,’ while NEWSCOMAU notes the Full Court found Justice Lee *should have* found ‘actual knowledge’ of non-consent (implying a stricter legal standard)
- NEWSCOMAU reports the Full Court’s findings went *beyond* Justice Lee’s original ruling, whereas ABC frames the Full Court’s dismissal as affirming Justice Lee’s lack of error
- NEWSCOMAU cites Lehrmann’s claim that Justice Lee relied on non-legal material, but ABC does not mention this specific argument in its summary of the High Court’s rejection
- NEWSCOMAU includes Lehrmann’s defense that he ‘went one way and she went another’ in the Defence Minister’s office as a direct denial, while ABC does not emphasize this spatial detail in its reporting
- NEWSCOMAU specifies the $500,000 cost estimate for the Full Court appeal, whereas ABC does not provide this exact figure (only mentions $2m for the trial and ‘costs incurred’ for the appeal)
Source Articles
Bruce Lehrmann suffers crushing court blow as High Court knocks back appeal
Bruce Lehrmann has lost his last-ditch attempt to overturn his damaging defamation suit loss to Network 10 and Lisa Wilkinson....
Breaking: High Court refuses to hear Bruce Lehrmann's appeal
The High Court was Bruce Lehrmann's last legal avenue to challenge a Federal Court ruling that found, on the balance of probabilities, he did rape Brittany Higgins....