Defamation

Bruce Lehrmann has agreed to pay author Peter FitzSimons’ costs of complying with a subpoena in the former Liberal staffer’s failed defamation case against Network Ten and FitzSimons’ wife Lisa Wilkinson.

Network Ten has argued accused rapist Bruce Lehrmann should pay indemnity costs from the date he launched his unsuccessful defamation case, saying he brought it on a “deliberately wicked and calculated basis”.

The Full Court has clarified that a prior bad reputation is relevant to determining whether a defamation plaintiff has suffered serious harm, tossing an appeal by a Sydney lawyer who lost her case over an article related to her conviction for an alleged $16,000 scam at David Jones, which was later overturned.

At some point during the two hours Justice Michael Lee held court on Monday, 45,000 viewers were tuned in to the livestream. What they witnessed as he pronounced judgment against Bruce Lehrmann was arguably the vindication of Network Ten and some measure of justice for Brittany Higgins, but not only that. What they saw was a judge at the top of his game.

A judge has found that former Liberal staffer Bruce Lehrmann raped Brittany Higgins in ex-defence minister Linda Reynolds’ ministerial office, saying he was “indifferent to her consent”, despite finding both witnesses had credit issues. 

A judge has criticised a Network Ten solicitor who signed off on former presenter Lisa Wilkinson’s Logies speech, given on the eve Bruce Lehrmann’s criminal trial, saying she had failed to appreciate her duties to the court.

Attacks at trial on the credibility of Bruce Lehrmann hit their target, but it’s still his case to lose on Monday morning, when judgment is delivered on his defamation claims against Ten. Throughout the case the network has borne the burden of proving Brittany Higgins’ rape allegation was true, and it is the very seriousness of that allegation that made the task harder.

A master chronology of the events on the night Bruce Lerhmann allegedly raped former policital staffer Brittany Higgins in Parliament House reveals federal police had concerns that Higgins may have been drugged.

A judge has questioned the relevance of an ex-Seven producer’s “sordid” evidence that the network rewarded him after using company funds to buy sex workers for the accused rapist Bruce Lehrmann, saying both sides had made strong arguments against his and Brittany Higgins’ credibility. 

A judge hearing Bruce Lehrmann’s reopened defamation trial has expressed concern about evidence regarding non-parties to the lawsuit, including a solicitor who is said to have acted for Seven, saying “allegations are being thrown around like a gatling gun”.