Bruce Lehrmann has lost his appeal against a Federal Court ruling that found on the balance of probabilities he raped Brittany Higgins in 2019. The decision upholds the original finding by Justice Michael Lee, who determined that Lehrmann raped his then-colleague at Parliament House in Canberra.
The appeal judges went further than the primary judge on the question of whether Lehrmann knew Higgins did not consent. They found that Lehrmann had knowledge of her lack of consent, strengthening the broadcasters' defence of truth. The court stated that the factual foundation for Lehrmann's grounds of appeal fell away.
Lehrmann now owes $2 million in costs to Network Ten and journalist Lisa Wilkinson, plus an additional sum for the broadcasters' costs of running the appeal. His lawyer, Zali Burrows, said she will seek advice about applying for special leave to appeal to the High Court, but acknowledged funding remains a challenge given Lehrmann is known as a 'man of modest means'. Burrows indicated they would rely on supporters for any further legal campaign.
The original criminal trial over the alleged rape collapsed in 2022, and Lehrmann has consistently maintained his innocence. The Federal Court's civil finding on the balance of probabilities does not carry the same weight as a criminal conviction but has significant legal and financial implications.
