Lehrmann admits fabricating texts in defamation hearing

Former Liberal staffer Bruce Lehrmann has admitted fabricating details in text messages sent as media allegations aired, undermining his credibility in a defamation suit that has exposed tensions between legal strategy, criminal proceedings, and media accountability.

Under cross-examination this week, Lehrmann confirmed he had altered accounts of legal consultations in messages sent to his girlfriend on the evening The Project published interviews from Brittany Higgins alleging he had raped her in Parliament House. The admission comes as the Federal Court considers whether to extend the deadline for his defamation action against Network Ten, Lisa Wilkinson, News Corp, and Samantha Maiden — a process that has stretched beyond the normal litigation timeframe.

The case traces a four-year arc: Higgins made an initial AFP complaint in April 2019, alleging the assault occurred in the office of then-Defence Minister Linda Reynolds. She withdrew that complaint within days, citing political sensitivities as a federal election loomed. Nearly two years passed before her public interviews with Wilkinson and Maiden aired in February 2021, prompting Lehrmann to seek legal advice that same evening.

Court filings revealed that Lehrmann, speaking with lawyer Warwick Korn after the media interviews aired, expressed confidence about potential damages. "If I'm named tonight then I'm up for millions in defamation," he texted. He also told his girlfriend he believed criminal charges were unlikely: "Criminal is off the cards completely" — a prediction that proved premature. He was charged in August 2021, two years after Higgins' initial complaint.

Lehrmann's counsel argued during this week's hearing that mental health concerns, criminal proceedings, and received legal advice justified the two-year delay in filing his defamation suit — twice the standard limitation period. His lawyer claimed he had been advised to await the outcome of criminal prosecution before commencing civil action, a strategy that unravelled when a jury was discharged in October last year following misconduct, and prosecutors abandoned charges in December citing concerns for Higgins' mental health.

During this week's testimony, Lehrmann said he felt "outraged", "angry" and "upset" upon learning the allegations had been publicised. He insisted he wanted to "fight back against the media", portraying his legal response as reactive to what he characterised as unfounded allegations aired before any formal complaint reached the AFP anew. Channel 10's barrister Matt Collins KC probed inconsistencies in his account of which legal advice he had sought and when, suggesting the fabricated text details signalled credibility issues.

The defences filed by Ten, News, and Wilkinson assert they will prove the truth of Higgins' allegations — a claim that will test whether media publication of an allegation before its criminal trial amounts to defamation, or whether the truth of the underlying claim shields the outlets.

The case hinges partly on Justice Michael Lee's ruling on the limitation extension, which will determine whether the action proceeds to trial or is dismissed. The delay itself has become a central factual and legal issue, with Lehrmann's own words — both the fabricated texts and his confident predictions — now scrutinised as evidence of his state of mind and credibility at the moment his legal battle began.