Lisa Wilkinson's lawyer is shut down for demanding 39,823 pages of Bruce ... trends now
Lisa Wilkinson's lawyer tried to obtain Bruce Lehrmann's phone records dating back to 2017 - but the request was refused
Lisa Wilkinson's lawyer has been shut down in court as she sought to access 39,823 pages of Bruce Lehrmann's phone records, dating back to 2017 - in the latest twist in the former political staffer's defamation fight against Channel 10 and news.com.au.
Federal Court Justice Michael Lee slammed the request from the TV star's team as 'fishing expedition' with 'no apparent relevance' when reading his reasons for rejecting the application at an interlocutory hearing in Mr Lehrmann's lawsuit in the Federal Court on Thursday.
The phone records were obtained by Australian Federal Police during an investigation into Brittany Higgins' allegations that he raped her in Parliament House in 2019. Mr Lehrmann has always denied the allegations.
The phone data not only include his messages, they included apps he opened and pages he visited, right down to website cookies stored on his phone.
'This is not some sort of roving inquiry into everything Mr Lehrmann thought or said,' Justice Lee said.
Justice Lee said some of Lehrmann's phone records were relevant - but not six years' worth. Above, Lehrmann at court last week
Ms Wilkinson's lawyers tried to argue the records were relevant toward Mr Lehrmann's 'state of mind' when he was accused of rape, and in the following months.
Justice Lee acknowledged some of the information was likely relevant, but not all six years' worth.
Mr Lehrmann is suing Wilkinson, both news outlets, and journalist Samantha Maiden for defamation over a TV interview and online article, both published on February 15, 2021, where Ms Higgins alleged a 'male colleague' had raped her at Parliament House in 2019.
He was not named in Ms Higgins' interview with Lisa Wilkinson on The Project or the website article, but claims his identity would have been known in political circles.
However, the interlocutory hearing on Thursday is not about whether he was defamed.
It is to try and determine whether Mr Lehrmann should be allowed to sue beyond the 12-month statutory timeframe of being allegedly defamed.
Applicants normally have a year from the date of publication to file a defamation case. Mr Lehrmann waited two years to file the defamation suit.
His lawyers argue it was unreasonable for him to sue within the first year.
Wilkinson, news.com.au and Channel Ten have opposed the extension.
Respected defamation barrister Sue Chrysanthou is appearing in court for Lisa Wilkinson
They will argue it was reasonable for
