Dramatic update in Bruce Lehrmann’s defamation case against ABC and Channel 10 – as Lisa Wilkinson makes first public appearance in months

The ABC has reached a settlement with Bruce Lehrmann after he sued the national broadcaster and Channel Ten for defamation.

Mr Lehrmann had sued the ABC over broadcasting a speech at the National Press Club by Brittany Higgins and former Australian of the Year Grace Tame.

Judge Michael Lee told the Federal Court on Wednesday – the day the civil trial was due to begin – “a settlement has been agreed between the applicant and the ABC.”

Mr Lehrmann’s case against Channel 10 will continue today. Former Project presenter Lisa Wilkinson was present in court.

The second case Judge Lee heard on Wednesday morning was a request by Channel Ten to compel journalists and members of the public to apply to access the court’s livestream of the case.

He rejected the application, saying the livestream was necessary in the interest of open justice.

Lisa Wilkinson arrives at the Federal Court in Sydney on Wednesday

Referring to an argument in Ten’s application against the livestream, the judge told the court: “There is an idea that sheer embarrassment and stress should be a factor, but that is simply not the law.”

‘I am not convinced that citizens should only have access to a live stream if they submit a request.’

The defamation case is based on an interview on The Project in February 2021, when Ms Higgins alleged in an interview with Wilkinson that Mr Lehrmann raped her at Parliament House in 2019.

Although his name was not given, he claims friends and former colleagues were able to identify him as the alleged rapist.

He has consistently maintained his innocence.

In his statement of claim, Mr Lehrmann says Ten was ‘recklessly indifferent to the truth or falsity’ of the allegations, without giving him the opportunity to respond.

However, it could become a pseudo-rape case, with Wilkinson and Channel 10 seeking to prove that Ms Higgins’ allegations are ‘substantially true’.

To win the case, they will have to prove that the rape occurred on the balance of probabilities. That means Judge Lee will have to determine whether it is more likely that the rape occurred than not.

Brittany Higgins and fiancée David Sharaz are seen in Sydney on Tuesday

This is different from a criminal trial, where the prosecutor must prove beyond a reasonable doubt that the alleged incident occurred.

Wilkinson hired defamation lawyer Sue Chrysanthou SC to represent her rather than using the lawyers Channel 10 provided her.

Along with a defense of the truth, Ten will argue that Mr. Lehrmann was not identified during the broadcast and that reasonable efforts were made to contact him before the broadcast.

Wilkinson’s team will argue that Ms Higgins’ allegations were a matter of public interest and that reporting them was appropriate, and that she placed her trust in The Project’s producers to ensure the broadcast was a fair report.

Mr Lehrmann’s team plans to cross-examine Ms Higgins, Wilkinson and Network 10 producer Angus Llewellyn.

Mr Lehrmann was tried in the ACT Supreme Court in October last year, but the hearing was abandoned when a juror brought banned research material into court.

Former ACT Director of Public Prosecutions Shane Drumgold dropped the sexual assault charge on December 2 over concerns about Ms Higgins’ mental health.

The next day, and after a single day of mediation, she won a damages claim against the Commonwealth, worth up to $3 million and including 40 years of lost wages, even though her allegations are unproven.