Judge Lee will consider four main issues in his judgment.
These questions include: Was Bruce Lehrmann identified as Brittany Higgins’ alleged rapist on The Project? Has the defense of truth been established? Has the defense of qualified privilege been established? What are the damages, if any?
Mr Lehrmann took legal action following claims that friends and colleagues may have identified him as Ms Higgins’ alleged rapist on TV show The Project, even though he had not been named.
At the December hearing, her lawyers argued there was a very small group of Liberal employees working for then-Defense Industry Minister Linda Reynolds in 2019 when Ms Higgins alleges she was raped.
Because of the small number of potential candidates, his lawyers said it was very easy for people to identify Mr. Lehrmann as the alleged rapist.
Network Ten argued it had not revealed any identifying evidence to link Mr Lehrmann to the alleged rape.
The main defense that Network Ten and Lisa Wilkinson relied on was the defense of truth, meaning they sought to establish that Ms Higgins was telling the truth when she alleged Mr Lehrmann had raped her.
If Judge Lee finds it likely that Ms Higgins was raped, then Mr Lehrmann was not defamed on the show – even though people were able to identify him as the alleged rapist during the show.
The defense of qualified privilege protects the public interest when a media outlet has acted reasonably. This defense sheds light on the way broadcasters and journalists compose their reports.
Network Ten and Wilkinson had separate representation, meaning Judge Lee could draw different conclusions.
If this defense succeeds, Mr. Lehrmann will lose.
Mr. Lehrmann could be awarded $459,000 in damages if the defense of truth and qualified privilege fails, which is the cap on noneconomic losses in a defamation case.
He also asked for aggravated damages, meaning he could get more than the cap.
It is also possible that Mr. Lehrmann will receive no compensation if Judge Lee finds that Mr. Lehrmann lied and was not a credible witness.
Mr. Lehrmann could also be awarded minimal damages for the same reason.
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