Secret paper slip in Lehrmann defamation appeal

The identity of an unnamed senior counsel taking over Bruce Lehrmann’s fight to overturn his failed defamation case against Network 10 and The Project journalist Lisa Wilkinson will remain a mystery as the date of his landmark appeal is set.

Justice Wendy Abraham last month ruled that Lehrmann would not have to pay a $200,000 security in order to appeal his failed defamation suit against Network 10 and journalist Lisa Wilkinson.

Justice Michael Lee had ordered that the former Liberal staffer pay Network 10 and Ms Wilkinson’s indemnity after the seasoned justice found “on the balance of probability” that Lehrmann had raped ex-colleague Brittany Higgins in Parliament House in 2019.

Lehrmann is seeking to have his appeal heard before the Full Bench of the Federal Court, with the court earlier told he was now unemployed and had no capacity to pay the indemnity as well as an additional stayed order he pay $2m to Network 10.

Returning before the court, high-profile defamation lawyer Sue Chrysanthou SC, who is representing Ms Wilkinson, vented frustration that the appeal may not be heard until August as the identity of Lehrmann’s new counsel remained secret.

“That is a substantial delay to accommodate some unnamed counsel when there is no information that person has been in the matter … and in circumstances there is no investment in that person or evidence of investment in that person,” she said.

Lawyer Zali Burrows told the court that she did not wish to name the new senior counsel representing Lehrmann until he was briefed following the setting of a hearing date for his appeal, which Ms Chrysanthou had suggested be in March 2025.

Questioned why she could not reveal to Justice Abraham the silk’s identity, Ms Burrows said he “wishes to remain unnamed on the basis he doesn’t wishes to be trolled or harassed” and provided a handwritten note with his name to the representatives.

Ms Burrows said the appeal date suggested by Ms Chrysanthou, coming more than five months after the appeal was lodged, would not allow sufficient time for the new senior and junior counsel to prepare submissions for the high-profile hearing.

Ultimately, Justice Abraham agreed with a timetable set down by Network 10’s lawyers and said while “not in a position to actually list the appeal, can I ask the parties to hold dates on August 19-22”, 2025, a year after the failed defamation case.

Lehrmann sued Network 10 and Ms Wilkinson over Ms Higgins’ interview on The Project in 2021 in which the former political staffer said she was raped by a former colleague, kicking off a multimillion-dollar, years-long legal fight.

In 2022, Lehrmann faced a trial before the ACT Supreme Court after pleading not guilty to sexual intercourse without consent. The trial was abandoned because of juror misconduct and a second scuttled with no findings against Lehrmann.

In his landmark ruling, Justice Lee said “it is more likely than not” that Lehrmann was “so intent upon gratification to be indifferent to Ms Higgins’ consent and hence went ahead with sexual intercourse without caring whether she consented”.

Commenting on Lehrmann’s decision to sue after proceedings against him were withdrawn over concerns about Ms Higgins’ health, Justice Lee said: “Having escaped the lion’s den, Mr Lehrmann made the mistake of going back for his hat.”