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Former political aide Bruce Lehrmann is set to engage in mediation to advance his demand for the government to cover his legal expenses following a search conducted at his residence.
The National Anti-Corruption Commission executed a raid at his home in June 2024 as part of their inquiry into accusations that he unlawfully handled confidential information about French submarines.
Lehrmann is taking legal action against Commissioner Paul Brereton and federal Labour government minister Don Farrell due to the costs he incurred during the investigation, which he described as involving “frivolous, James Bond-style claims.”
He asserts that he was repeatedly assured he was eligible for financial support to secure legal defense during the probe, yet no funds have been provided to him.
Justice Brigitte Markovic noted it has been a year without a decision from NACC on whether funding would be provided.
She ordered mediation between Lehrmann and Mr Farrell to be held before December 1 in hopes of speeding up the process.
Lehrmann welcomed the move, which he believes could be successful in resolving his dispute with the minister.
“This is the second time I’ve proposed mediation with (Farrell).
On both occasions, I’ve been refused,” he said.
“Had the funding been supplied, we might not have reached this point, and if mediation can achieve a settlement, pursuing action against (Farrell) will be unnecessary.”
The minister’s attorney opposed the mediation request, refuting his claim that the delay in funding approval was unwarranted.
Lehrmann reminded Justice Markovic that she didn’t need their consent to order mediation, prompting her to reply: “I’m well aware of my powers, Mr Lehrmann.”
The judge ordered that the mediation be resolved by December 1 and set the matter down for a one-day hearing in February.
Lehrmann agreed to the timetable, noting that if mediation was successful, he would be in “no rush necessarily” to ventilate his claims against Mr Brereton.
The former political staffer, who is “impecunious and in serious financial peril”, hopes to receive the requested funding so he can be represented by lawyers at the hearing.
The former political staffer is accused of gathering the confidential information in March 2019, only days after he was alleged to have raped his colleague, Brittany Higgins, in Parliament House.
He has denied the claims, which remain untested in a criminal court after a 2022 trial in the ACT was abandoned due to juror misconduct.
But the Federal Court’s Justice Michael Lee found in 2024 that the allegations he raped Higgins were proven on the balance of probabilities and dismissed his defamation suit against Network Ten and Lisa Wilkinson.
Lehrmann has appealed against the defamation loss, but a decision is yet to be handed down.