In April, Bruce Lehrmann lost his defamation case. Now he can appeal.

This story discusses sexual assault.

UPDATE: Former Liberal staffer Bruce Lehrmann has dodged a $200,000 hit to his already cash-strapped pockets after a judge ordered his defamation appeal can proceed without it.

Network Ten and journalist Lisa Wilkinson failed in their bid to get the funds paid into court as security in the event the 29-year-old loses a challenge to his devastating legal loss.

On Wednesday, Federal Court Justice Wendy Abraham declined to make the proposed orders.

The judge also allowed Lehrmann's bid to stay previous court orders that he pay $2 million in legal costs to Ten for their costs of defending the proceeding.

He will also be off the hook for Wilkinson's legal costs which are currently unknown.

Earlier in October, Justice Abraham heard that Lehrmann was living on Centrelink benefits in part because the broadcaster contributed to his image as a rapist.

"They are one of the contributors as to why he's pretty much unemployable," his lawyer Zali Burrows told the court.

Ten has already served a bankruptcy notice on Lehrmann but agreed not to take any further steps until the appeal is resolved.

The 29-year-old sued over a February 2021 report on The Project interviewing Brittany Higgins about her allegations she was sexually assaulted in Parliament House in March 2019.

In April, Justice Michael Lee ruled that Lehrmann sexually assaulted Ms Higgins in Parliament House based on the balance of probabilities.

Lehrmann denies the claim and is not facing criminal charges over the incident after his trial was aborted due to juror misconduct.

Ten's barrister Matt Collins KC pushed for the $200,000 payment, saying it was not in the public interest to allow the appeal.

Wilkinson's barrister Sue Chrysanthou SC said Lehrmann had sued by choice after escaping a criminal conviction or acquittal.

"His impecuniosity did not deprive him of having his day in court and he's had it," she said. "Why should he get another?"

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In a landmark decision in April, Justice Michael Lee found it probable that Bruce Lehrmann raped Brittany Higgins.

Lehrmann lost his defamation case against Network Ten and Lisa Wilkinson, after Justice Lee found the media parties had established on the balance of probabilities that Lehrmann raped Higgins in Parliament House in March 2019.

Lehrmann was suing based on the now infamous February 2021 interview on The Project in which former Liberal staffer Brittany Higgins alleged she was sexually assaulted inside Parliament House while she worked there.

Higgins alleged Lehrmann raped her in the office of then Defence Industry Minister Linda Reynolds in the early hours of Saturday March 23, 2019. Lehrmann has always strenuously denied any sexual contact with Higgins.

Announcing the verdict, Justice Lee said he "entirely rejected" Lehrmann's version of events in the ministerial suite.

"Mr Lehrmann raped Ms Higgins," he said. "I hasten to stress that this is a finding based on the basis of probabilities. As I've explained there's a substantive difference between the criminal standard of proof and the civil standard of proof."

Watch: Lisa Wilkinson reacts to the verdict in the defamation case. Post continues below.

Can Bruce Lehrmann appeal?

Yes, Lehrmann can and has appealed.

Could Bruce Lehrmann be re-charged or retried in relation to the Brittany Higgins case?

Carol Grimshaw is the Principal Lawyer of Grimshaw Legal, practising in dispute resolution including defamation. Grimshaw is a senior lawyer with 10 years' experience, and approximately 27 years in the public and private legal sectors.

Speaking with Mamamia, Grimshaw says: "I wouldn't want to make the same mistake as Network Ten's legal counsel in making statements that might undermine any further litigation. What I would say is that the general rule is when new evidence is brought to light in criminal proceedings, if the prosecution thinks it's suitable then it can be brought before the court.

"But that is a decision for the prosecution to make."

Sarre agrees, noting it is possible as ultimately the matter was abandoned, not given up. However, Sarre says it's unlikely, arguing, "no prosecutor would touch it with a barge pole".

"Justice Lee pointed out over and over again that this was a civil finding, noting that finding beyond reasonable doubt in a criminal matter would be a bridge too far. The Director of Public Prosecutions would not go down that path now."

How can we legally describe what happened in that office?

"Lehrmann is not a convicted rapist. What we can now say is that a finding has been made against him, in so far as the Judge was satisfied that non-consensual sex had occurred in that office, as such his civil case failed. You can't call him a rapist," says Sarre.

Grimshaw adds: "There has not been a criminal conviction that has found him guilty of the relevant sexual assault.

"The civil standard of proof is not the same as the criminal standard. It's far more rigorous in criminal law. If the matter is returned to the criminal courts, then all the parties will go through a much more rigorous process than what has occurred in the Federal Court. Although in reading Justice Lee's judgement, you can tell he certainly wasn't asleep at the wheel."

What is the fallout of the case?

Grimshaw tells Mamamia: "It's a hallmark for the advice that lawyers give to clients. Especially in defamation, to be wary of what you sue for because it's usually the action in defamation that causes more damage than what you alleged to have been defamatory."

Sarre adds: "I thought that Justice Lee's summary today — even though it went for two and a half hours — was immaculate in covering every point he had to cover, both factually and legally. And I'm looking forward to further reading the 340 page judgement."

Lehrmann has always maintained his innocence and hasn't been convicted of any crime.

This article was originally published in April 2024, and has since been updated with new information.

— with AAP.

If this has raised any issues for you, or if you just feel like you need to speak to someone, please call 1800 RESPECT (1800 737 732) – the national sexual assault, domestic and family violence counselling service.

Mamamia is a charity partner of RizeUp Australia, a national organisation that helps women, children and families move on after the devastation of domestic and family violence. Their mission is to deliver life-changing and practical support to these families when they need it most. If you would like to support their mission you can donate here.

Feature Image: AAP.