Bruce Lehrmann’s defamation action against two media companies can proceed, a judge has ruled.
Federal Court Justice Michael Lee granted an extension of time sought by the former Liberal staffer to bring the lawsuit outside the normal 12-month period on Friday.
Justice Lee ordered the limitation period be extended until the proceedings commenced.
Mr Lehrmann brought action against Network Ten and News Life Media over a segment on The Project and an article on news.com.au published in February 2021, when former staffer Brittany Higgins said she was raped inside then minister Linda Reynolds’ Parliament House office in March 2019.
The lawsuits, filed in February, came after the usual window required for most defamation cases, meaning a judge had to grant permission for them to proceed.
A criminal trial brought against Mr Lehrmann in the ACT Supreme Court was derailed in October because of juror misconduct. In December, the prosecutor dropped the charges due to impacts a second trial would have on Ms Higgins’ mental health.
No findings have been made against Mr Lehrmann, who denies the allegations.
He argued he could not bring civil proceedings earlier due to the criminal case, legal advice he had received against it, and his own mental health.
Justice Lee was satisfied Mr Lehrmann was following legal advice and his chief focus was on defending a potential criminal case.
Commencing civil proceedings risked him being required to give evidence, as opposed to being entitled to silence as the accused in a criminal trial.
“This would have undermined Mr Lehrmann’s defence strategy,” Justice Lee said.
Ten, News and journalists Lisa Wilkinson and Samantha Maiden attempted to shut down the cases by urging the court to reject the dual applications for an extension of time.
Justice Lee was not persuaded.
Mr Lehrmann has also filed a separate defamation lawsuit against the ABC for airing a joint address by Ms Higgins and former Australian of the Year Grace Tame at the National Press Club in February 2022. It was to be subject to a case management hearing on Friday afternoon.
– AAP
