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 on 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?”