By Miklos Bolza
As disgraced ex-Liberal staffer Bruce Lehrmann runs out of options to appeal a ruinous defamation loss, his alleged victim Brittany Higgins has called for change.
Lehrmann took his case against Network Ten to the High Court, where he challenged findings by dual courts that the broadcaster did not defame him by airing Ms Higgins’ allegation during an interview on The Project in February 2021.
Ms Higgins welcomed the High Court’s choice on Thursday to reject his application for special leave to appeal.
“Today’s decision by the High Court of Australia brings a measure of finality to a long and painful chapter,” she wrote on Instagram.
“The person who raped me used the legal system for years in a bid to silence my voice – the voice of his victim – and the journalists/media who reported my story.”
She said her focus was on advocating for a legal system that better protected victim-survivors, treating them with care and respect.
Lehrmann denies the allegation and says no criminal findings have been made against him.
Lisa Wilkinson, who broke the story on The Project, took to Instagram on Thursday night to share her own statement, writing: “Over the last five years, this case has taken a huge toll on all involved, particularly Ms Higgins.”
“It has also taken millions of dollars to achieve this court result, of which Mr Lehrmann will likely never pay more than a few cents,” she continued.
“I am relieved that we have made it to this final result, and am thankful to my legal team and all those who supported me along the way.”
The High Court’s decision means his appeal never got to a full hearing.
Typically, the court refuses special leave if it thinks an appeal does not grapple with a major question of Australian law.
Ten declined to comment on the outcome, while Lehrmann, through his lawyer Zali Burrows, did not respond to questions.
In April 2024, Federal Court Justice Michael Lee first dismissed the 30-year-old’s case against Ten and journalist Lisa Wilkinson, describing it as an “omnishambles”.
The judge’s findings, including that Lehrmann raped Ms Higgins on the balance of probabilities, were upheld on appeal by the Full Federal Court in December.
The two had been out drinking with colleagues in 2019 before the pair wound up at Parliament House in the office of their then-boss Senator Linda Reynolds.
Higgins has alleged that Lehrmann raped her there.
He has consistently repeatedly denied any sexual conduct occurred, saying he returned during the early hours to write notes about French submarine contracts.
This claim was roundly rejected by Justice Lee, saying the 30 year old had been seen kissing Ms Higgins, whom he found attractive.
“Now does a man in a situation like that have French submarine contracts on his mind or does he have something else on his mind?” the judge quipped.
A criminal case against Lehrmann in the ACT was derailed due to juror misconduct.
A further trial was ruled out and no findings have been made against him in a court of criminal law.
The failed High Court bid could lead to Lehrmann being forced into bankruptcy due to court orders he pay a $2 million legal bill to Ten.
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