Bruce Lehrmann is no longer representing himself in his high-stakes appeal against Network Ten and Lisa Wilkinson – with a high-profile criminal lawyer now appearing for him in court.
Lehrmann launched the appeal in the Federal Court in May, a month after he lost his defamation case when Justice Michael Lee found, on a balance of probabilities, that he had raped his former colleague Brittany Higgins in Parliament House in 2019.
In the findings, Justice Lee branded the former Liberal staffer a liar with a ‘tenuous’ attachment to the truth, whose testimony could only be believed if it could be corroborated with someone else.
Along with a shattered reputation, Lehrmann faced bankruptcy after the judge ordered he cover his opponent’s legal fees – which have topped $2million.
Lehrmann had lodged and served the notice of appeal himself before the deadline on May 31, rather than instructing solicitors doing it on his behalf, because he was self-represented.
However, lawyers acting for the network and Wilkinson were informed on Thursday that Zali Burrows – who was the criminal lawyer for disgraced former Sydney businessman Salim Mehajer – will represent the former staffer in his civil appeal.
During the first case management hearing on Thursday morning, the Federal Court heard Network Ten demanded Lehrmann cough up $200,000 in security costs ahead of the appeal.
Ten will fight Lehrmann over the costs in a three-day hearing from October 14.
Bruce Lehrmann is pictured, right, with Margaret Cunneen SC and his former criminal barrister, Steven Whybrow SC
Lehrmann is now represented by Zali Burrows (pictured), a criminal lawyer who represented Salim Mehajer
Lehrmann also made an application for a temporary stay on Justice Lee’s order that he pay $2million in legal fees to Network Ten.
If the stay application was successful, the $2million order would be on hold until there was an outcome in the appeal.
Justice Wendy Abraham asked Ms Burrows if a barrister would be available to represent Lehrmann during the security costs hearing in October.
Ms Burrows said: ‘As soon as I know, I certainly will advise the parties.’
Daily Mail Australia understands Lehrmann and Ms Burrows were introduced via mutual friend, barrister Margaret Cunneen SC – who successfully represented ex-Wallaby Kurtley Beale in his rape case last year.
Ms Burrows has been working closely with barrister Guy Reynolds SC, who helped Lehrmann prepare his appeal.
In his notice of appeal, Lehrmann – a second-year law student – had asked for a new judge to set Justice Lee’s decision aside and enter a judgement in his favour, and for Ten and Wilkinson to pay for the primary proceedings and the appeal.
Four grounds of appeal were identified, including that Justice Lee denied Lehrmann procedural fairness, and findings in relation to the truth defence were contrary to the evidence.
He claimed there were credibility issues with Ms Higgins’ evidence, specifically in relation to an image of a bruise she initially claimed was caused during the rape, before she said it could have occurred earlier in the night when she fell over.
Brittany Higgins accused Bruce Lehrmann of raping her in Parliament House in 2019
During Mr Lehrmann’s criminal trial, she claimed the bruise was suffered during the alleged rape – a claim she also made to The Project during her sit-down interview with Ms Wilkinson.
Further arguments included that Justice Lee constructed and misconstrued the rape imputations, and Lehrmann should have been awarded damages.
Lehrmann may have to provide security costs ahead of any appeal. Failure to pay could result in the appeal not going ahead.
The former Liberal staffer sued Network 10 and Ms Lisa Wilkinson over her interview with Ms Higgins on The Project in which the former political staffer said that she was raped by a former colleague.
In his 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.’
Lehrmann has consistently denied sexually assaulting Ms Higgins.
He faced trial in the ACT Supreme Court in 2022 after pleading not guilty to one count of sexual intercourse without consent.
The trial was abandoned due to juror misconduct and the Director of Public Prosecutions dropped the charges and plans for a retrial due to concerns about Ms Higgins’ welfare.
