Bruce Lehrmann’s libel claim against Network 10 and news.com.au will go to court

Bruce Lehrmann’s libel case against Network 10 and news.com.au will hinge on whether they can prove he raped Brittany Higgins – as it is revealed the media giants have rejected settlement offers.

Mr. Lehrmann’s lawyers, defamation specialists Mark O’Brien Legal, filed statements in federal court on Tuesday, taking legal action against the media.

The case against Channel 10 is on an interview aired on The Project in February 2021 where Ms Higgins claimed to host, Lisa Wilkinson, that she was raped by “a male colleague” in Parliament in 2019.

Mr Lehrmann is also suing News Life Media, an umbrella company of Rupert Murdoch’s News Corp Australia, which runs news.com.au, over coverage that featured the same allegations made by Ms Higgins.

According to the statement filed against the two outlets, Mr Lehrmann’s legal team alleges Wilkinson and Channel 10 were ‘recklessly indifferent to truth or falsity’ when they alleged a man raped Ms Higgins at the Parliament on March 23, 2019.

Mr. Lehrmann denies sexually assaulting Ms. Higgins.

Specifically, it is alleged that Wilkinson “sought to exploit the false sexual assault allegations made by Ms. Higgins for his own personal and professional gain”.

For Network 10 to win the libel suit, it will have to prove that the allegations aired on The Project in February 2021 were true.

If the news outlet can prove that Mr. Lehrmann sexually assaulted Ms. Higgins, it will lose the case.

Mr Lehrmann was not named on the TV show and was not publicly identified as Ms Higgins’ alleged rapist until August 2021 when he was formally charged with sexual assault.

However, it is understood that his colleagues in Parliament knew the allegations were against him before the criminal charge.

Mr Lehrmann had pleaded not guilty during his rape trial in the ACT Supreme Court in October last year. He has always maintained his innocence.

Two cases have been filed – one was against Channel 10 during an interview aired on The Project where Brittany Higgins claimed to harbor Lisa Wilkinson that she had been raped (pictured together)

The trial was halted in November due to the misconduct of a member of the jury. ACT Director of Public Prosecutions Shane Drumgold SC later dropped the case entirely due to concerns about Ms Higgins’ mental health.

Daily Mail Australia understands Mr Lehrmann has made a settlement offer to Network 10 and news.com.au, but the outlets have rejected the offer and pledged to fight the issues.

It is further understood that Mr Lehrmann’s legal team will focus on evidence given by Ms Higgins during the rape trial – where she said Wilkinson and Maiden were ‘fighting’ over when the story would drop and who would win a prize.

“They were fighting that, come the time of the Walkleys, who could claim what,” she told the court, referring to the journalism awards.

“It didn’t even become of me or my story, it became of them.”

Maiden won a Gold Walkley for breaking the story in an online article, and Wilkinson won a Silver Logie for his one-on-one interview with the former ministerial staffer on The Project.

Brittany Higgins told court during the rape trial that Lisa Wilkinson and Samantha Maiden (pictured) were ‘fighting’ over when the story would drop and who would win a prize

The morning after the defamation claims were filed, Ms Higgins reposted a tweet she had shared on December 7 last year when it was first revealed that Mr Lehrmann was considering legal action.

Wednesday morning shared a screenshot of the tweet on Instagram – rekindling his promise to testify for the media giants.

She said: “Following recent developments, I feel the need to state as necessary that I am prepared to defend the truth as a witness in any potential civil case brought by Mr. Lehrmann.”

In response to a Twitter user who said Ms Higgins had already ‘had a chance’, the former Liberal staffer wrote: ‘Looks like I might get another one in a slightly more favorable court.’

A source close to the former ministerial staffer previously told Daily Mail Australia that Mr Lehrmann was not contacted for comment before the Channel 10 interview aired.

Channel 10 denied the claim and said comments were requested but received no response.

He will also claim that News Life Media did not contact him before the allegations were published.