Lisa Wilkinson has launched a recent bid to overturn a part of a judgment made towards her in Bruce Lehrmann’s defamation case.
Wilkinson’s legal professionals lodged a discover of rivalry within the Federal Courtroom on her behalf on Wednesday, arguing that Justice Michael Lee was fallacious to rule towards her and Community Ten on April 15.
Lehrmann sued the TV host and tv community for defamation over an episode of The Undertaking in 2021, throughout which Brittany Higgins publicly alleged that he raped her in Parliament Home in 2019.
He wasn’t named within the broadcast, however claimed mates and colleagues have been in a position to establish him as her rapist.
In his findings earlier this yr, Justice Lee discovered that Lehrmann had raped Ms Higgins by the civil customary of the steadiness of chances. He lodged an enchantment to overturn that judgment on Might 31.
Wilkinson and Community Ten gained the first reality defence within the case because of the findings towards Lehrmann.
Nevertheless, they misplaced on a separate defence of certified privilege when the choose discovered Wilkinson and The Undertaking workforce didn’t act moderately when making ready the episode for broadcast.
Lisa Wilkinson is pictured, left, leaving the Federal Courtroom in April together with her barrister, Sue Chrysanthou SC
Pictured: A bruise that Brittany Higgins claimed was from her rape. The court docket heard there was no proof of the bruise previous to 2021 – two years after the rape
The discover of rivalry was filed in response to Lehrmann’s enchantment, and requested the court docket to rethink the judgments that weren’t in Wilkinson’s favour.
If Wilkinson’s discover of rivalry was profitable, it might restore her status.
In keeping with the discover, Wilkinson argued that Justice Lee made a collection of errors in his reality defence judgments as to Ms Higgins credibility and Lehrmann’s consciousness of guilt.
The discover went on to element errors within the certified privilege judgments, claiming that the choose ‘failed to provide adequate or any weight’ to a variety of things surrounding Wilkinson’s work and profession.
Wilkinson argues that Justice Lee ignored her ‘expertise with sexual assault survivors’, significantly provided that she had met Ms Higgins a number of instances and had ‘experience’ on the subject.
It was additional urged that Justice Lee didn’t distinguish between conduct and choices made by Community Ten and people made by Wilkinson, as a result of she was an worker with a lot of superiors.
In his judgment, Justice Lee slammed Ten and Wilkinson for failing to correctly examine a photograph of a bruise which Ms Higgins stated was the results of the rape in 2019.
The court docket heard there was no proof that the bruise photograph existed previous to January 2021, the day she met Wilkinson for the primary time.
Bruce Lehrmann is pictured outdoors court docket on April 15, the day he misplaced his defamation trial
Within the discover, Wilkinson argued Justice Lee didn’t give a lot weight to the truth that Wilkinson relied on Ms Higgins’ statutory declaration as proof that the photograph and the bruise was a results of her rape.
It was additional urged that Wilkinson didn’t have management over when Lehrmann was contacted for remark by the community.
The Undertaking’s producer Angus Llewellyn emailed Lehrmann on a Friday afternoon, three days earlier than broadcast, and once more on the day of the published.
Justice Lee was not happy that he acquired these emails and made a discovering towards Wilkinson and Ten, however Wilkinson has now argued Justice Lee made an error when he discovered Lehrmann didn’t obtain at the very least a type of emails.
Wilkinson’s discover additionally requested the court docket to think about the truth that she believed that he had been given ample time to reply and had no purpose to consider in any other case.
The discover claimed Justice Lee misconstrued the introduction to The Undertaking episode, when Wilkinson stated: ‘Claims of rape, roadblocks to a police investigation and a younger lady compelled to decide on between her profession and the pursuit of justice.’
The choose discovered Ms Higgins was not compelled to decide on between her profession and the pursuit of justice and there have been no roadblocks to a police investigation.
He referred to these claims as conspiratorial.
Wilkinson’s discover was ready by her barrister Sue Chrysanthou SC, who represented her in the course of the trial. She has billed Community Ten $1.8million to cowl her authorized charges.
The enchantment is but to be heard in court docket.
Lehrmann could have to supply safety prices forward of any enchantment. Failure to pay may consequence within the enchantment not going forward.
