Bruce Lehrmann has failed to meet key deadlines as he appeals against his dramatic defamation lawsuit loss to Network Ten and civil court findings that he raped fellow Liberal staffer Brittany Higgins.
Ten's barrister Tim Senior told a Federal Court hearing on Friday that Lehrmann had failed to meet deadlines for filing an amended notice of appeal and to finalise a $200,000 security being sought by the broadcaster.
"We’ve asked for an explanation as to why the amended notice has not been put on and what further time is required," Mr Senior said.
"We haven’t had (a) response to that. There's just so much uncertainty involved."
Lehrmann's lawyer Zali Burrows told the court his side was waiting for Ten to file its evidence before responding but she had since learned the network would not rely on any evidence in defending the appeal.
"We're seeking to still have this matter moving forward," she said.
The network and journalist Lisa Wilkinson, who was also sued, have sought orders Lehrmann pay $200,000 to the court before his appeal is allowed to proceed.
If he does not pay the amount, the network earlier argued that the appeal be dismissed.
Ms Burrows said Lehrmann was asking to have $117,000 returned to him by the court, a sum paid to Ten in relation to earlier defamation proceedings.
"There were a lot of monies paid in respect of hearing allocations fees, filing fees to which my client didn't have to pay at the time because he was on Centrelink," she said.
Lehrmann was applying to the court to have the money returned in order to pay a lawyer who was drafting the amended appeal, Ms Burrows added.
"My client had made an application ... in respect of a refund for the fees, but there was a technical issue," she said.
Justice Wendy Abraham ordered Lehrmann to file any evidence in relation to Ten's application for security costs by 4pm on Friday and file any amended notice of appeal by September 13.
"The ordinary course of events is if you cannot comply with an order, you have the matter brought back on, or you liaise with the parties," she said.
"You don't wait till it was breached and then come to the court."
Justice Michael Lee in April ruled Lehrmann sexually assaulted Ms Higgins in Parliament House in March 2019 based on the balance of probabilities.
Lehrmann's notice of appeal, which he signed without any lawyers, claimed he was denied procedural fairness in his case against Ten.
The 29-year-old denies the sexual assault and is not facing criminal charges over the incident after his trial was aborted due to juror misconduct.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
