ARTICLE · 28 APRIL 2023

The Lehrmann defamation case is not a criminal trial

Criminal Defence Lawyers Australia

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The legal and evidentiary burden to prove a defamation claim is the civil standard of "on the balance of probabilities".

AustraliaLitigation, Mediation & Arbitration

Jarryd Bartle

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Former Liberal staffer Bruce Lehrmann has filed a number of defamation claims against media companies, Network Ten and News Life Media, and respective journalists, Lisa Wilkinson and Samantha Maiden, over rape allegations which went to trial last year.

Lehrmann is alleging defamatory statements were made in two stories related to interviews undertaken by both media companies with the complainant in his trial, Brittany Higgins, in February 2021. Lehrmann claims both stories defamed his reputation and were “recklessly indifferent to the truth”.

It's important to note that this defamation case is not a rehashing of last year's criminal trial and there are important differences between a claim of defamation and a criminal prosecution.

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