Lehrmann sued Ten over an interview that aired on The Project in February 2021, as well as related web and YouTube posts, in which Higgins alleged that she was raped by a senior colleague on the couch of then defence minister Linda Reynolds after Friday night drinks on March 22, 2019. The lawsuit also names The Project presenter Wilkinson as a respondent.

In a defence filed with the Federal Court on March 1, Wilkinson argues it is substantially true that Lehrmann raped Higgins is substantially true.

Wilkinson hired a separate legal from Ten to defend her in the defamation case and is being represented by Anthony Jeffries of Gillis Delaney Lawyers.

She will also argue the substantial truth of the other defamatory imputations alleged by Lehrmann — including that he continued to rape Higgins after she woke up mid-rape; that he crushed Higgins’ leg during the alleged rape and caused a large bruise; and that he left Higgins on the couch in a state of undress after the alleged rape.

Wilkinson says these latter imputations “contain gratuitous and irrelevant rhetorical flourish that adds nothing to the defamatory sting of rape”.

Lehrmann was charged with assault, but the charge was dropped after a trial in his case miscarried in October last year. Higgins said in December that she was prepared to be a witness in any defamation suits Lehrmann brings.

In her defence, Wilkinson argues the defamation claims were brought outside the 12 month limitations period. She also brings defences of statutory and common law qualified privilege, arguing publication of the broadcast was reasonable given her extensive fact checking of Higgins’ story and the intensive four investigation period that preceded the broadcast, as well as her belief that Higgins’ allegations against Lehrmann were true, among other factors.

In the interview, Higgins did not name Lehrmann, who has denied the sexual assault, but the description of the alleged rapist made identification by some viewers and readers reasonable, the lawsuit alleges.

Like the alleged rapist described in The Project interview, Lehrmann worked in Reynolds’ office in a position senior to Higgins and had attended the Friday night drinks organised by her, according to the court documents. And like the accused rapist described by Higgins, Lehrmann had started packing up his belongings from the office on the Tuesday morning after the alleged assault, and had been working in Sydney when the interview aired, he says.

In her defence, Wilkinson says she does not know and cannot admit that Lehrmann was reasonable identified by any viewer of the broadcast and says she has sought particulars of identification from Lehrmann’s solicitors that have not been supplied.

Lehrmann also alleges Ten and Wilkinson were “recklessly indifferent” to the truth or falsity of the claims by Higgins, a claim which Wilkinson denies.

Wilkinson asserts she gave Lehrmann multiple opportunities to respond before the broadcast aired and says the recklessness allegation is baseless and should be withdrawn, noting Lehrmanm’s solicitors have also failed to provide particulars to support this claim.

In her defence, Wilkinson also denies that she and journalist Samantha Maiden, who has been named in a separate defamation suit by Lehrmann against News Corp Media Australia unit News Life Media, sought to exploit the rape allegations for personal and professional gain and fought over the exclusive rights to Higgins’ story.

“Wilkinson had no contact with Samantha Maiden about Higgins, her allegations, exclusivity or otherwise prior to the broadcast of the first matter or at any other relevant time thereafter”, the defence says.

In her defence, Wilkinson also denies that the broadcast was presented in an oversensationalised manner that showed her intent to harm Lehrmann, saying her failure to identify Lehrmann in the broadcast despite not being legally barred from doing so showed the very opposite.

Lerhmann is seeking aggravated damages in his defamation suits, saying the media companies were recklessly indifferent to whether or not the defamatory imputations arising from the interview and the articles were true.

Ten broadcast the interview on TV and YouTube; while Wilkinson posted the interview on her personal Instagram account, according to Lehrmann.

News Life Media published two stories on the day of the TV interview, headlined ‘Parliament house rocked by Brittany Higgins alleged rape’ and ‘How Brittany Higgins horror night unfolded’.

Lehrmann says that after he was charged with assault in August 2021 it had become a “matter of notoriety” to readers of the articles, written by Maiden, that he was the alleged rapist. Despite this, the articles continue to be published, he alleges.

The ACT Supreme Court declared a mistrial in his criminal case in October after it was revealed that a juror brought to the court copies of academic research on sexual assault, contrary to instructions from the judge overseeing the trial.

The ACT government has announced an inquiry into the trial, which will investigate the conduct of police and prosecutors. It follows claims by the ACT Director of Public Prosecutions Shane Drumgold SC in a letter to the ACT police chief of “inappropriate interference” by investigators “clearly aligned with the defence”, according to The Guardian.

Drumgold dropped the assault charge after the aborted trial, citing the impact on Higgins’ health. Higgins reached a confidential settlement of a civil claim against the Commonwealth late last year.

Lehrmann’s cases are being heard by Justice Michael Lee, who has scheduled a first case management hearing in the matters for March 16.

Lehrmann is represented by Mark O’Brien Legal. Wilkinson is represented by Gillis Delaney. Ten is represented by Thomson Geer.

The cases are Bruce Lehrmann v Network Ten Pty Ltd & Ors and Bruce Lehrmann v New Life Media Pty Ltd & Anor.

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