The ProjectLehrmann alleges the interviews, which did not name him, conveyed a series of defamatory meanings, including that he raped Higgins in then-defence industry minister Linda Reynolds’ office in 2019. He denies the rape allegation.
While this is less onerous than the criminal standard of proof beyond reasonable doubt, the so-called Briginshaw principle applies in civil cases involving serious allegations and requires courts to proceed cautiously in making grave findings. If a jury was ordered and the case proceeded to trial, it would be the first time a jury was used in a Federal Court defamation case.
“From our perspective, it seems to us that what Mr Richardson says has merit, having regard to what happened in Canberra last year [during the aborted criminal trial],” Chrysanthou said. “This might be one of those exceptionally rare cases where trial by jury would be the appropriate mode of proceeding,” Rolph said.
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