Fallout from the Brittany Higgins allegations and the derailed rape trial … A storm of defamation actions … Former alleged rapist and former minister want more court action … Pipelines to the press … Federal Court opens the suppression portal … Threats, complaints and investigations … Theodora reports 

New rules say that reptiles of the press and other “non-parties” cannot inspect originating applications and statements of claim until the first directions hearing. 

Yet, it seems a judge in chambers can circumvent this with orders allowing inspection of newsworthy documents. Justice Michael Lee on Thursday (Feb. 9) did just that in the case brought by former rape defendant Bruce Lehrmann, who has commenced defamation actions against the Ten Network and news.com.au for things that celebrity presenter Lisa Wilkinson and journalist Samantha Maiden had published. 

The court’s rationale for restricting access was to allow parties to apply for suppression orders on things they don’t want reported. 

And the Feds had the temerity to say that even though the International Covenant on Civil and Political Rights requires open justice, it didn’t matter in this case because the “amendments are minor and procedural only”. 

In any event, as a result of Justice Lee’s order here are the statements of claim in Lehrmann v Network Ten and Lehrmann v News Life Media. 

In the meantime, lawyers are getting out their picnic hampers in preparation for the festival of bun fights following the aborted trial of Lehrmann who was accused of raping fellow political staffer Brittany Higgins.

Lehrmann, who was silent throughout his criminal trial will, in all expectations, have to go into the box in his defamation case, if only to give evidence about his hurt feelings and the damage to his reputation. 

Needless to say, Mark O’Brien is handling all the paper work for the applicant. 

According to Planet Janet in The Australian he is also threatening to sue the ABC over a National Press Club speech by Higgins and Grace Tame in February last year. 

Planet Janet looks like a de facto PR agent for Lehrmann, publishing his gripes and the leaks from the ACT police about how unwise it was for the DPP to prosecute the Young Liberal and former ministerial staffer. 

She also railed against the speedy settlement of Higgins’ compensation claim against the Commonwealth, demanding that the government should have fought it tooth and claw. 

Higgins and Lehrmann both worked for defence minister Senator Linda Reynolds. So did Fiona Brown who also complained to the Planet that DPP Shane Drumgold had berated her for providing inadmissible evidence at Lehrmann’s trial. 

Lehrmann has also groaned to the ACT bar council that Drumgold showed “malice” towards him and should be investigated for professional misconduct – published in detail by Planet. 

The old Cossack Walter Sofronoff has been roped in to investigate whether the ACT police and the DPP acted in accordance with their duties. 

Here is Drumgold’s complaint to the chief of the ACT police about the conduct of his officers in the Lehrmann case.  

Meanwhile, Senator Reynolds is out of the stocks with defamation actions of her own in the Supreme Court of WA, saddling up with Perth based litigator Martin Bennett. 

In a chapter called “Haunted by Higgins”, Reynolds was portrayed as giving a less than sympathetic response when she was told about the alleged sexual assault. 

Also in the WA Supreme Court Reynolds is suing Higgins’ partner David Sharaz over a couple of Tweets on January 27, 2022 and December 4, 2022. 

Leon Zwier from Arnold Bloch Leibler is acting for Sharaz. He previously provided advice and support for Brittany Higgins during the rape trial. 

Reynolds distinguished herself during the trial, having been accused of seeking to coach Lehmann’s defence lawyers during Higgins’ cross-examination, and trying to get her hands on transcripts of the complainant’s evidence prior to giving evidence herself. 

Reynolds was also accused by the prosecutor of arranging for her “partner to be sitting in court”.

Government politicians at the time were trying to cover their backsides as the rape allegation unfolded in Canberra, particularly as an election loomed and the toxic atmosphere in Parliament House grew more pronounced. 

Meanwhile, this intriguing story appeared online from Toowoomba.