The graphic details provided by Higgins included descriptions of pain, force, and a struggle during the alleged incident, which Burrows claims were not accurately reflected in the broadcast.

If Lehrmann's appeal is successful, he could be entitled to significant damages, as Lee indicated he would have received $20,000 if he had won his case.

Lehrmann's lawyer, Zali Burrows, argues that he was denied procedural fairness, as critical elements of the case were not adequately cross-examined during the trial.

In April 2024, Justice Michael Lee concluded that Bruce Lehrmann raped Brittany Higgins at Parliament House in 2019, yet he ruled that Higgins was not defamed by Network Ten and journalist Lisa Wilkinson's interview in 2021.

Wilkinson has filed separate submissions urging the court to uphold the truth defense but also seeks a finding of reasonable action if that defense fails, which is crucial for her qualified privilege defense.

Lehrmann contends that the definition of rape applied by Lee was misinterpreted, asserting it did not align with the common understanding of the term, which typically implies violence and explicit lack of consent.

His appeal submission highlights a significant discrepancy between Higgins' account of a violent rape and Lee's finding that suggested no force was involved.

Burrows also stated that the broadcast implied a violent act contrary to the court's conclusion of non-violent rape, which involves inadvertent recklessness regarding consent.

Lehrmann is appealing this federal court finding, arguing that Higgins' description of the incident was inconsistent with how it was portrayed on The Project.

Lisa Wilkinson is also appealing, asserting she acted reasonably in broadcasting the allegations and that her qualified privilege defense should have been upheld.

The appeal hearing date for Lehrmann has not yet been set.

Justice Wendy Abraham allowed the appeal, stating that the serious nature of the case necessitated an appellate review and acknowledged errors in Lee's judgment.