News Corp has joined Network Ten and former The Project presenter Lisa Wilkinson in seeking to prove that former Liberal staffer Bruce Lehrmann raped his then-colleague Brittany Higgins in Parliament House.
Ten, Wilkinson, and News Corp appeared in the Federal Court for the first time on Wednesday in the defamation case that Lehrmann brought against the publishers.
Justice Michael Lee effectively ruled out requiring Lehrmann to appear before any trial to be cross-examined on why he should be granted an extension of a one-year limitation period to bring his claims.
Lee said that he was concerned about the prospect of Lehrmann being “exposed to multiple cross-examinations” and suggested the issue could be considered alongside other defences in the trial.
Lehrmann named Wilkinson and news.com.au political editor Samantha Maiden in his defamation proceedings against Ten and News Corp over an interview with Higgins published in February 2021.
Lehrmann alleged that the publications had a series of defamatory statements, including that he “raped Brittany Higgins in [then-]defence [industry] minister Linda Reynolds’ office in 2019.”
Lehrmann’s barrister, Steven Whybrow, SC, told the court that it was not reasonable for him to file court proceedings within the one-year period because of legal advice he received because of health concerns. He did say that Lehrmann would be able to give evidence next Thursday about the limitation period.
Ten and News Corp deny in their written defences that they identified Lehrmann.
Matt Collins, KC, representing Ten said that it would dispute each of the reasons given for extending the limitation period.
Sue Chrysanthou, SC, representing Wilkinson said there was a
“gap of many months between the publications in question … and the [criminal] charge, being the difference between 15 February [2021] and 7 August.
“Mr Lehrmann apparently seeks to rely on his medical condition from time to time and other matters, and from a factual perspective we wish to challenge those.”
News Corp and Ten did not name Lehrmann at the time, only mentioning him by name in August 2021 when he was charged with sexual intercourse without consent.
Lehrmann pleaded not guilty and the trial had to be aborted in October due to juror misconduct. The charge was later dropped altogether over concerns about Higgins’ mental health.
