In a decisive legal blow, Bruce Lehrmann has failed in his attempt to overturn a civil judgement that found he raped Brittany Higgins inside a Parliament House office in 2019. On Wednesday, December 3, 2025, the Full Court of the Federal Court not only dismissed his appeal but delivered an even more damning assessment of his actions.
A Strengthened Finding: From Recklessness to Actual Knowledge
The three-judge appeal panel went further than the original trial judge, Justice Michael Lee. In April 2024, Justice Lee found Lehrmann was so "hell-bent" on having sex that he was reckless as to whether Ms Higgins consented.
In their published judgement, the appeal judges stated that Justice Lee should have found actual knowledge. They concluded that "the only reasonable inference" was that Lehrmann, at some point before intercourse began, turned his mind to the question of consent and was aware she was not consenting, but proceeded regardless.
The judges highlighted the facts known to Lehrmann: Higgins had been drinking for hours, her cognitive abilities were impaired, she was not speaking or moving on the couch, and crucially, she had not expressed any consent.
A Costly and Chaotic Appeal Process
The appeal hearing in August was marked by disarray. Lehrmann was represented by criminal solicitor Zali Burrows, who admitted to the court she was underprepared and "just going to try and do the best I can." She noted her client could not afford the senior counsel he had initially promised to engage.
The hearing, streamed online, saw Ms Burrows repeatedly request adjournments, repeat arguments already dismissed by the bench, and use the widely condemned phrase "soft rape," which Ten's barrister, Matthew Collins KC, immediately corrected, stating "All rape is violent."
The appeal judges described a written submission from Lehrmann on the subject as "infected with antiquated notions as to what constitutes rape." The hearing concluded with Justice Craig Colvin interrupting Ms Burrows as she spoke about the "vitriol and hate" faced by her client, asking pointedly, "Is this a speech or is this a submission?"
Financial and Reputational Ruin Confirmed
The failed appeal has significant financial consequences. Lehrmann will now be liable for Network Ten's legal costs from the appeal proceedings, on top of a multimillion-dollar bill from his unsuccessful defamation case. A previous order to pay $2 million of Ten's costs had been paused to allow the appeal to proceed.
Outside the court, Ms Burrows said her "really overwhelmed" client maintained his innocence and would seek advice on applying for special leave to appeal to the High Court. She described Lehrmann as "probably Australia's most hated man" and stated his life had been destroyed.
However, the High Court route presents a formidable hurdle. There is no automatic right to appeal; Lehrmann must first persuade the court there are special reasons to hear his case, a high bar to clear.
The End of a Tortured Legal Saga?
This ruling brings the nation closer to the end of a legal saga that began when Lehrmann launched defamation proceedings against Network Ten and journalist Lisa Wilkinson in February 2023. The case, once described by a judge as an "omnishambles," has consumed years and vast resources.
With the appeal court's strengthened finding, the original reputational assessment stands firm. As Justice Lee declared in 2024 and the Full Court has now confirmed: "Mr Lehrmann is not entitled to the vindication of his reputation." For now, the man at the centre of one of Australia's most high-profile cases has emerged as the indisputable loser.
Support is available: Lifeline 13 11 14; Canberra Rape Crisis Centre 6247 2525; Women's Legal Centre ACT/Sexual Violence Legal Service 6257 4377.
