The former aide is attempting to reverse a Federal Court’s ruling that he was not defamed by Network Ten and journalist Lisa Wilkinson after an interview featuring Higgins on The Project in 2021.

Justice Michael Lee determined in April that the accusations made by Higgins, claiming she was raped in Parliament House in 2019, were fundamentally true, leading to a ruling against Lehrmann.

The judge concluded that Lehrmann was determined to engage in sexual activity with Higgins and exhibited a “non-advertent recklessness,” indicating awareness of her non-consent.

But that definition of rape has been criticised by Lehrmann, who claims it’s inconsistent with the meaning conveyed to an ordinary person.

Further criticism of Justice Lee includes the assertion that he made an error by suggesting that, had Lehrmann won his defamation case against Ten, he would have been awarded only $20,000 in damages.

Lehrmann’s lawyer Zali Burrows has previously said he should be awarded a seven-figure sum for the “false charge of rape”.

Lehrmann continues to deny he sexually assaulted Higgins and a criminal case against him in 2022 was abandoned without any findings against him.

“Having escaped the lions’ den, Mr Lehrmann made the mistake of going back for his hat,” Justice Lee said in his decision last year.

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