Lisa Wilkinson has challenged Justice Michael Lee’s ruling that she acted unreasonably in broadcasting a rape allegation, according to her submissions on a notice of contention filed for Bruce Lehrmann’s upcoming appeal. In April, Lehrmann lost his $10m defamation case when he was found likely to have raped Brittany Higgins at Parliament House in 2019. Justice Lee upheld the defense of truth but concluded that Wilkinson and Network Ten failed to establish a qualified privilege defense.

At the time of the 2021 broadcast on The Project, the section 30 defense argued that the conduct was reasonable and in the public interest. This defense provided protection for journalists who published potentially defamatory content in the public interest if they acted reasonably. According to Wilkinson’s appeal submissions, the public interest defense “should have been found to have been established” in the original judgment.

Sue Chrysanthou SC, Wilkinson’s barrister, argued that Lee made an error in finding Wilkinson’s conduct in broadcasting the rape allegation was unreasonable and unjustifiable. Wilkinson stated that she had a reasonable basis to believe the rape allegation was true after reviewing the material provided by Brittany Higgins and after speaking to the former staffer on several occasions. Her belief was based on her assessment of Higgins and the objective factual material that she verified.

Wilkinson’s defense also included her reliance on experienced producer Angus Llewellyn and the legal advice she received from Network 10’s lawyers, stating that she gave uncontested evidence of these facts. Additionally, Wilkinson defended her role in obtaining a right of reply from Lehrmann and argued that her Logies speech, which Lee criticized, should not be considered when deciding on aggravated damages.

Source: https://www.theguardian.com/law/2025/mar/04/lisa-wilkinson-legal-finding-brittany-higgins-rape-allegations-ntwnfb