Brittany Higgins has broken her silence following Bruce Lehrmann’s failed appeal, issuing a powerful statement after the full Federal Court upheld the original judgment against him.
“Finally, it feels like I can breathe again,” she wrote on Instagram, thanking the court for its consideration, the defence legal team for its tireless efforts and Channel 10 for being such ardent supporters of survivors of sexual assault.”
Higgins said the defamation case – on its face a fight over a media broadcast – had in reality become “once again a rape trial”.
“I cannot begin to tell you how retraumatising it is to have your rapist weaponise the legal system against you for daring to speak out,” she said.
“Sadly, this isn’t uncommon. It’s a legal tactic that is being increasingly used around the world by perpetrators in a bid to sue victim-survivors into silence as a direct response to the #MeToo movement.”
Appeal dismissed and costs awarded
The statement landed minutes after the court delivered its ruling: Lehrmann has lost his appeal against Network Ten and Lisa Wilkinson – and has been ordered to pay their court costs.
Lehrmann had challenged Justice Michael Lee’s April 2024 finding that he was not defamed by The Project’s 2021 interview, in which Higgins alleged she had been raped inside Parliament House.
The full bench – Justices Michael Wigney, Craig Colvin and Wendy Abraham – unanimously rejected Lehrmann’s arguments. In his summary, Justice Wigney said the court “rejected Mr Lehrmann’s contention that the primary judge erred in finding that Network 10 and Ms Wilkinson had discharged their burden of proving that he had raped Ms Higgins.”
The judges dismissed every ground of appeal. They found no procedural unfairness, no error in how the trial judge interpreted how an ordinary viewer would understand the broadcast, and no basis for Lehrmann’s claim that he deserved substantially more serious damages than the $20,000 figure discussed at trial.
Bruce Lehrmann
What Lehrmann faces now
The decision means Lehrmann – already verging on bankruptcy – could be liable for around $2 million in costs and damages. He may still seek special leave to appeal to the High Court, but if that application fails, this would mark his second unsuccessful appeal in the proceedings.
Network Ten responded to the outcome with a statement welcoming the court’s decision.
“It reiterates that Network 10 prevailed in proving that Brittany Higgins’ allegations of rape were true,” the network said.
“It remains a vindication for the courageous Brittany Higgins, who gave a voice to women across the nation.
“Network 10 remains firmly committed to honest, fair and independent journalism; to holding those in power to account; to giving people a voice who wouldn’t otherwise have one; and to always pursuing without fear or favour, journalism that is firmly in the public interest.”