Judge sets date for Lehrmann defamation trial as jury considered

Bruce Lehrmann, who alleges Lisa Wilkinson and Samantha Maiden, inset, defamed him in stories published by their employers. Pictures by Karleen Minney, supplied

A judge has ordered lawyers involved in two of Bruce Lehrmann's defamation cases to provide any submissions on the possibility of a jury trial by the end of the week.

Justice Michael Lee made the order in the Federal Court on Tuesday, when he listed the former Liberal Party staffer's lawsuits against Network Ten and the publisher of news.com.au for a trial starting in November.

Mr Lehrmann, who also names journalists Lisa Wilkinson and Samantha Maiden as respondents, is suing the media outlets over their initial coverage of allegations he raped former colleague Brittany Higgins at Parliament House in 2019.

He enjoyed a preliminary win last week, when Justice Lee gave him the green light to proceed with his claims despite having filed them outside the statutory 12-month limitation period.

Brittany Higgins, who claims Bruce Lehrmann raped her at Parliament House. Picture by Karleen Minney

While the judge's ruling was a blow for the respondents, each had already flagged several alternative defences that include a plan to argue Ms Higgins' rape allegations were true.

Mr Lehrmann, who has always denied wrongdoing, claims the media companies and their journalists "over-sensationalised" the allegations and intended to "injure" him by doing so.

The cases will now proceed to a joint trial, which has previously been given an estimate of at least four weeks.

Justice Lee indicated last week he would regard it as "a no-brainer" to empanel a jury if the cases did not have such a high profile.

Matthew Richardson SC, representing Mr Lehrmann, suggested his client was likely to request a judge-alone trial, saying he was "extremely unlikely" to want a jury.

"The chances of a hung jury are obviously high," Mr Richardson said last week.

"It's the most publicised rape case, probably, in Australian history, and the entire community is divided on it."

The matters are due back in court for a case management conference on June 9, alongside a separate defamation claim Mr Lehrmann has filed against the Australian Broadcasting Corporation.

It is not yet clear whether that case will be joined with the other lawsuits when they go to trial on November 20.