Disgraced former political staffer Bruce Lehrmann is staring down bankruptcy with a multimillion-dollar bill in hand after losing two court battles against findings he is likely a rapist.
The 30-year-old suffered a bruising own-goal after suing Network Ten and journalist Lisa Wilkinson for defamation over an interview with Brittany Higgins on The Project in 2021.
Justice Michael Lee found in April 2024 Lehrmann had, on the balance of probabilities, raped Ms Higgins inside Parliament House in 2019 as she claimed in the interview.
Lehrmann contested the decision during a two-day hearing in August, arguing it was flawed and he had been denied procedural fairness because Justice Lee’s findings differed from the case run by Ten.
But the appeal was dismissed by the Full Court of the Federal Court in a decision handed down on Wednesday.
“The court has found the primary judge did not err in any of the ways alleged by Mr Lehrmann,” Justice Michael Wigney said.
The former political staffer did not appear in court and was represented by his lawyer Zali Burrows.
Outside court, she said her client was overwhelmed by the decision and would seek advice on applying for special leave to contest the ruling in the High Court.
“I hope Bruce is seen as an inspiration to those who say they’ve been wrongly accused,” she said.
“It’s not the end of it in respect of his pursuit for justice.”
Lehrmann has continued to deny he sexually assaulted Ms Higgins and a criminal case against him in 2022 was abandoned without any findings against him.
After his initial defamation loss, he was directed to pay $2 million in damages to cover some of the legal costs incurred by Ten and Ms Wilkinson.
The cash-strapped former political staffer was unable to pay and the order was put on hold while he appealed.
On Wednesday, the trio of appeal judges ordered Lehrmann also foot the bill for the legal costs amassed by his opponents during the “wholly unsuccessful” appeal.
It’s estimated Ten’s appeal costs could run to hundreds of thousands of dollars.
When asked how Lehrmann can afford to pay the staggering bills, Ms Burrows said they hoped to receive support from benefactors.
Another sting came when the appeal judges went further than Justice Lee and determined Lehrmann had known Ms Higgins was not consenting.
The circumstances presented to Lehrmann on the night “screamed loudly to anyone with normal faculties that the very drunk, passive and silent woman … had not consented to sexual intercouse”, they found.
The only reasonable inference was he turned his mind to consent before having sex with Ms Higgins, knew she wasn’t consenting and went ahead regardless.
Ten welcomed the decision, which it said “resoundingly endorsed” the initial ruling by Justice Lee.
“The judgment remains a triumph for truth and reiterates that Network 10 prevailed in proving that Brittany Higgins’ allegations of rape were true,” a spokesperson said.
“It remains a vindication for the courageous Brittany Higgins who gave a voice to women across the nation.”
The network’s former star journalist Ms Wilkinson was “utterly delighted with the result” and happy it happened before the end of the year, her lawyer Sue Chrysanthou SC said outside the courthouse.
Lehrmann will have 28 days to submit an application for leave to appeal the decision in the High Court, setting up a possible third tilt at clearing his name.
In his headline-grabbing decision in 2024, Justice Lee quipped: “Having escaped the lions’ den, Mr Lehrmann made the mistake of going back for his hat”.
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