Bruce Lehrmann has launched a dramatic bid to have his long-running legal battle heard by the High Court of Australia, alleging that a judge's independent research fatally compromised civil findings that he raped fellow staffer Brittany Higgins.
Allegations of Judicial Overreach
In an application for special leave filed in January 2026, Lehrmann's legal team argues that Federal Court Justice Michael Lee conducted his own research, thereby undermining the impartial exercise of judicial power. The application claims the judge obtained extraneous material, including academic papers on rape myths and tonic immobility, which were not presented during the trial.
The document states that "the full court erred in not holding that the primary judge's findings were compromised" and subsequently used these findings to make its own determinations. This, Lehrmann's lawyers argue, means the effect of subconscious influence on the verdict cannot be dispelled.
A Legal Saga's Third Act
This marks Lehrmann's third major court action. He initially sued Network Ten and journalist Lisa Wilkinson for defamation over a 2021 episode of The Project that aired Higgins's allegations. In April 2024, Justice Lee dismissed that lawsuit, famously labelling it an "omnishambles," but crucially found on the balance of probabilities that Lehrmann had raped Higgins in a Parliament House office in 2019.
That finding was upheld on appeal by the Full Federal Court in December 2025. The full court went further than Justice Lee, finding Lehrmann had "actual knowledge" that Higgins did not consent, rather than merely being reckless to her consent. Lehrmann's new High Court application also targets this specific finding, arguing "the available evidence was such that no finding could be made one way or the other."
Stakes Could Not Be Higher
The High Court must first grant special leave for a full hearing. Lehrmann seeks to have the decisions of both Justice Lee and the Full Federal Court set aside, which would allow him to pursue damages for defamation. Alternatively, he wants the case reheard by different judges.
The financial stakes are immense. If his High Court bid fails, Lehrmann could be forced into bankruptcy due to existing court orders that he pay a $2 million legal bill to Network Ten. His lawyers have previously told a court that the OnlyFans platform was his only "shot at making money."
Lehrmann has consistently denied sexually assaulting Brittany Higgins. No criminal convictions have been made against him, following the abandonment of his 2022 criminal trial due to juror misconduct.
The case continues to cast a long shadow over Australian politics and media law, with the High Court now asked to rule on the boundaries of judicial research and the defence of substantial truth in defamation.
