Australia news live: Bruce Lehrmann said he was ‘up for millions’ if named in media, court hears; Albanese says Keating’s attacks ‘diminish him’

The federal court is hearing Bruce Lehrmann’s application to extend the time limit for lodging his defamation claim, which would allow him to sue Network Ten, News Corp, and two journalists for reporting the rape allegations made by Brittany Higgins.

Lehrmann is suing the media outlets almost two years after they initially published the Higgins’ stories in February 2021, meaning they must convince the federal court to extend the usual 12-month time limit.

His barrister, Steven Whybrow SC, will argue that Lehrmann was acting on prior legal advice from his previous firm not to initiate defamation proceedings in the immediate period after publications. He will also argue that Lehrmann faced the prospect of a high-profile criminal case, which would have necessarily delayed any defamation proceedings, and that his mental health was suffering considerably.

Network Ten and News Corp are opposing Lehrmann’s efforts to extend the time limit. They also want to call Lehrmann to cross-examine him about the delay, which could mark the first time Lehrmann has given evidence in open court.

The court heard on Thursday that a full report containing the contents of Lehrmann’s mobile phone has been made.

Lawyers for the media outlets are arguing some text messages sent by Lehrmann to his friends are directly relevant to his state of mind at the time immediately before and after the publications, and may contradict the reasons he has given for delay, namely that he was advised by his then lawyers against pursuing defamation proceedings.

In one message, Lehrmann contemplated suing as early as 15 February 2021, the day the initial Higgins stories were published.

Lehrmann told a friend:

If I’m named tonight, I’m up for millions as defamation.

In others, he said one of his lawyers “says I’m up for a bit of money”.

He also suggested to a friend that he would never face criminal proceedings.

In one text, he said:

One it’s false and second they have nothing.

Sue Chrysanthou SC says the text messages appear to be at odds with the representations Lehrmann has given to his current lawyer, Paul Svilans, who has submitted an affidavit in support of the application to extend the time limit.

In another message, Lehrmann is approached by friends after publications, who asked “do you know who the guy was?”.

Lehrmann responded:

Not the faintest idea, I haven’t been approached by anyone.

The hearing is continuing before justice justice Michael Lee.