Lawyers for Bruce Lehrmann have told the Federal Court he is available to give evidence in a court for the first time if required, as his defamation proceedings get underway.
Mr Lehrmann launched legal action in February against Lisa Wilkinson and Network 10, and journalist Samantha Maiden and News Corp Australia’s News Life Media over coverage of Ms Higgins’ allegations in February 2021.
The media companies say the lawsuit is not maintainable as it was filed beyond the one-year limitation period, given the article involving Ms Higgins – published on February 15, 2021 – is now more than two years old.
All parties in the proceedings faced the Federal Court for the first time on Wednesday afternoon, where Mr Lehrmann’s lawyer Steven Whybrow told the court his client would be available to give evidence at another hearing on March 16 if required.
Bruce Lehrmann is prepared to give evidence about why he delayed commencing his defamation proceedings. Picture: NCA NewsWire / Gary Ramage
After questions were raised about why Mr Lehrmann didn’t lodge proceedings for two years the court was told he was given advice from a solicitor not to in February 2021, around the time the article and broadcasts were published.
The court heard he also didn’t want to lodge proceedings while facing existing criminal proceedings.
Mr Whybrow told the court his client was also struggling with mental health issues due to the alleged defamatory claims.
Representing Lisa Wilkinson, Sue Chrysanthou SC told the court Mr Lehrmann had plenty of time to file the defamation claims.
“He apparently seeks to rely on his medical condition from time-to-time … from a factual perspective we wish to challenge those,” she told the court.
Justice Lee queried whether it would be problematic for Mr Lehrmann to be potentially cross examined on multiple occasions, including in relation to the extension of time application to be heard next week and again during the trial.
Mr Whybrow told the court he was worried his client may come under “stress and anxiety” if he is called to give evidence multiple times.
Mr Lehrmann is suing two media companies, including Lisa Wilkinson and Network Ten, over allegations he raped Brittany Higgins.
Mr Lehrmann had pleaded not guilty to the charge and stood trial in the ACT Supreme Court before it was aborted due to juror misconduct.
The charges were subsequently dropped by the Director of Public Prosecutions and he has continually denied any allegation he sexually assaulted Ms Higgins at Parliament House in March 2019.
He claims the coverage conveyed four false and defamatory meanings he “raped Brittany Higgins in Defence Minister Linda Reynolds’ office in 2019”, despite not being named.
Both media companies filed their defences with the Federal Court on Tuesday, as well as Ms Wilkinson, who retained her own legal team Ms Chrysanthou.
Network Ten, News Life Media and both journalists are relying on the defences of truth and qualified privilege and will seek to prove Mr Lehrmann lied to police and did rape Ms Higgins.