Bruce Lehrmann’s long and bruising legal saga reached a decisive conclusion this week, as his appeal against a Federal Court ruling—which found he raped Brittany Higgins in Parliament House in 2019—was dismissed. The full bench delivered its judgment on December 3, 2025, upholding the original decision and leaving Lehrmann with an even heavier financial and reputational burden. For Lehrmann, a former Liberal staffer, the outcome signals what many legal experts have called "the end of the line" in his attempts to overturn the damning findings against him.
The appeal stemmed from Lehrmann’s failed defamation case against Network 10 and journalist Lisa Wilkinson, launched after a 2021 interview aired on The Project in which Higgins alleged she had been raped in Parliament House in March 2019. Lehrmann, though not named in the broadcast, claimed he was identifiable and thus defamed. The civil trial, which played out across Australia’s media landscape, was closely watched for its implications on both media freedom and the treatment of sexual assault allegations in high-profile political settings.
Last year, Federal Court Justice Michael Lee found—on the balance of probabilities—that Lehrmann had raped Higgins. Lehrmann’s legal team, led by solicitor Zali Burrows, mounted an appeal on four grounds, including a claim that he had been denied procedural fairness. But on Wednesday, the full court dismissed every argument. Justice Michael Wigney, delivering the summary, stated, "The only reasonable inference to be drawn by the facts known and observable to Mr Lehrmann at the time that he had sexual intercourse with Ms Higgins, is that he did turn his mind to whether Ms Higgins consented to sex, was aware that she was not consenting, but proceeded nonetheless."
This finding went even further than Justice Lee’s original judgment, which had characterized Lehrmann’s conduct as "non-advertent recklessness." The appeal judges, siding with Network 10 and Wilkinson, concluded that Lehrmann had "actual knowledge" that Higgins did not consent—an even more damning assessment. As the written judgment put it, "The circumstances then presented to Mr Lehrmann, as found by the primary judge, screamed loudly to anyone with normal faculties that the very drunk, passive and silent woman, prone to drowsiness and with significant impact on her cognitive abilities, who was his junior colleague at work and who was not in any kind of personal relationship with Mr Lehrmann, had not consented to sexual intercourse."
For Lehrmann, the consequences are not only legal but also financial. He has been ordered to pay the costs incurred by Network 10 and Wilkinson for the appeal, adding to the $2 million he already owes from the original defamation case. According to legal experts cited by Sky News Australia, the appeal costs alone could run into the hundreds of thousands of dollars. Lehrmann’s solicitor, Zali Burrows, acknowledged outside court that her client was "really overwhelmed by the decision," and indicated they would seek advice about a possible appeal to the High Court. "It's not the end of it in respect of his pursuit for justice," she said, though legal commentators were skeptical about his prospects. As defamation and media lawyer Kevin Lynch told Sky News Australia, "This is the end of the line for Bruce. Notionally, he could go to the High Court and seek special leave ... but they’re not going to see any error of law and they’re not going to see any prospects of success."
The original criminal rape trial against Lehrmann in 2022 was abandoned due to juror misconduct, meaning no criminal findings were ever made against him. The Federal Court’s ruling, and now the appeal judgment, were made to the civil standard of "the balance of probabilities"—a lower threshold than that required for criminal conviction. Nevertheless, the findings have had a profound impact on Lehrmann’s reputation. As legal expert Kevin Lynch noted, "That unchallenged finding that he was reckless as to the consent of Brittany Higgins has now been replaced by a finding that Mr Lehrmann did turn his mind as to whether or not Brittany Higgins was consenting ... and that’s a significant outcome from this court of appeal."
For Brittany Higgins, the decision brought a sense of relief and vindication. In a statement, she said, "Finally, it feels like I can breathe again. While on the face of it this was a defamation case against a media outlet, in reality it was once again a rape trial." Higgins also thanked the court and her legal team "for being such ardent supporters of survivors of sexual assault," and spoke candidly about the emotional toll of the legal process: "I cannot begin to tell you how re-traumatising it is to have your rapist weaponise the legal system against you for daring to speak out."
Network 10 and Lisa Wilkinson, who had defended the truth of Higgins’s allegations throughout, welcomed the outcome. A Network 10 spokesperson described the judgment as "a triumph for truth and reiterates that Network 10 prevailed in proving that Brittany Higgins's allegations of rape were true. It remains a vindication for the courageous Brittany Higgins who gave a voice to women across the nation." Wilkinson’s barrister, Sue Chrysanthou, said her client was "utterly delighted by the outcome" and grateful to the court for its diligence. "She's particularly happy about the court's acceptance of her contentions in relation to the nature of the assault," Chrysanthou said, adding that Wilkinson was looking forward to "moving on."
Meanwhile, Lehrmann’s supporters maintain that he has been unfairly treated. His solicitor, Burrows, said, "We hope Bruce is seen as an inspiration to those who say they've been wrongly accused." She also raised concerns about his ability to pay the mounting legal costs, expressing hope that supporters would come forward to help him.
As for what comes next, Lehrmann may yet seek special leave to appeal to the High Court of Australia. However, as legal experts have pointed out, the High Court rarely grants such leave unless there is a matter of significant public importance or a clear error of law—neither of which they see in this case. As Lynch put it, "Even if Mr Lehrmann gets his pen out and writes a notice of special leave ... it’s not going to go any further than the papers."
This case has gripped Australia not just for its legal drama, but for what it reveals about power, gender, and accountability in the nation’s political heart. While the legal avenues may be closing for Lehrmann, the broader conversation sparked by Brittany Higgins’s courage—and the media’s role in amplifying her voice—shows no sign of ending soon.