Lehrmann defamation case tests legal timeline limits after criminal trial ends

The saga of Bruce Lehrmann and Brittany Higgins—a four-year legal battle encompassing rape allegations, a collapsed criminal trial, and now a contested defamation case—returned to Federal Court this week with a crucial question: Can he sue media outlets for reporting the allegations when he waited more than two years to file?

When Higgins made her allegations public in February 2021, appearing on The Project with journalist Lisa Wilkinson and in a news.com.au story by political editor Samantha Maiden, Lehrmann was blindsided. On the night the interviews aired, he met with a criminal defence lawyer and told his girlfriend he was "outraged" and "angry." He also predicted: "If I'm named tonight then I'm up for millions in defamation."

But Lehrmann's immediate instinct to sue was tempered by legal advice. His lawyer counselled him to wait until any criminal proceedings concluded before pursuing defamation claims—a delay that would prove costly in legal terms.

The backstory is essential. Higgins and Lehrmann both worked for then-Defence minister Linda Reynolds. She alleged he raped her in Reynolds' Parliament House office in March 2019. She reported it to the AFP in April but asked police to halt the investigation. The case sat dormant for nearly two years, until Higgins went public.

After her interviews aired, the matter moved rapidly through the criminal justice system. Lehrmann was charged in August 2021 with sexual intercourse without consent. His trial began—but in October 2022, the jury was discharged following misconduct. Prosecutors later announced they would not retry the case, citing concerns for Higgins' mental health.

Only then did Lehrmann move forward with the defamation lawsuit, filing in February this year. But he faced a legal obstacle: defamation cases typically must be filed within one year. By his filing date, nearly two years had passed since the broadcasts.

This week, Justice Michael Lee heard arguments over whether the delay was justified. Lehrmann's lawyers argued three factors warranted an extension: specific legal advice to wait, the ongoing criminal trial, and his mental health.

Network Ten and News Corp, along with individual defendants Wilkinson and Maiden, are defending the case by arguing they will prove the truth of Higgins' allegations—a high bar legally, but one they signalled they intend to meet.

The hearing also exposed tensions in Lehrmann's account. Under cross-examination, he admitted that certain text messages to his girlfriend on the night the allegations aired had been fabricated, not accurate reflections of his conversations with his lawyer. This suggested his narrative around the sequence of legal events may not have been entirely reliable.

For Higgins, now four years past the alleged assault and two years past making it public, the defamation case represents a new dimension in an exhausting legal journey. For Lehrmann, it's his attempt to restore his reputation after the criminal charges were dropped. For the media outlets, the case will test the limits of reporting on serious allegations when the underlying criminal prosecution collapses.