Watch out ABC – Lehrmann sues for defamation again

OVERVIEW

On 5 April 2023, Bruce Lehrmann, the well renowned liberal staffer fired the first shot in legal proceedings once again. This time, at the Australian Broadcasting Corporation (ABC), over its publication of a speech given by Brittany Higgins and Grace Tame to the National Press Club on 9 February 2022. Lehrmann has filed defamation proceedings in the Federal Court, alleging that the ABC had defamed him by publishing the speech.

THE PROCEEDINGS

This is of particular interest following the Australian Capital Territory's director of public prosecutions' decision to discontinue the sexual assault trial against Mr Lehrmann, as, if Mr Lehrmann had been convicted of the charge of sexually assaulting Ms Higgins, the ABC would have likely been able to rely upon that conviction as proof that Mr Lehrmann sexually assaulted Ms Higgins, because of section 42 of the Defamation Act 2005 (NSW). Without such a conviction, the ABC cannot rely upon that section.