Former federal Liberal staffer Bruce Lehrmann has filed updated grounds of appeal in his defamation battle with Network Ten and Lisa Wilkinson.
In a document filed on Friday, Lehrmann’s lawyer Zali Burrows identified four grounds of appeal, including that Federal Court Justice Michael Lee erred in finding that the media outlets had established a defence of truth.
Separately, his lawyer says that Lee made findings in relation to the truth defence that differed from Ten and Wilkinson’s case and “had not been the subject of submissions” by the parties or put to relevant witnesses for their response.
This was “contrary to the principles of procedural fairness and natural justice”, the amended notice of appeal says.
Burrows says Lee also erred in finding that Lehrmann would have been entitled to a “mere $20,000 in damages” if he had won his case.
She also claims Lee fell into error in determining the meanings conveyed by the media parties.
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The updated appeal document is very similar to Lehrmann’s previous notice of appeal, which also identified four appeal grounds.
Lehrmann launched defamation proceedings against Ten and Wilkinson last year over a February 2021 interview with his former colleague Brittany Higgins, aired on The Project.
He claimed the broadcast conveyed a series of defamatory meanings including that he raped Higgins in Parliament House.
In a landmark decision in April, Lee found on the balance of probabilities that Lehrmann had raped Higgins, and was indifferent to whether she was consenting. He dismissed Lehrmann’s lawsuit.
Source Agencies