Australia news live: Ten’s lawyer argues Bruce Lehrmann’s appeal against defamation judgment is ‘hopeless’ as case returns to court | Australia news

The secretary of the ACTU, Sally McManus, says she has “two black belts”, doesn’t go out much and has had to change her routine due to security concerns – and this is “price to pay” for taking a stand against the CFMEU.

Speaking on ABC RN earlier this morning, McManus was asked about concerns she expressed during her last interview on the program, and whether anything had changed?

She said within the construction industry there are some people who have “infiltrated the union that are not good people”:

They are, at the moment, worried that their business model has been disrupted, and that doesn’t make life great for those of us who are standing up to it.

Asked if she has had to put on extra security, McManus said:

I’ve got two black belts … I don’t go out much, I’ve had to change my routines, I live between different places. That’s life, unfortunately, at the moment, because we’re standing up to those people, and there’s a price to pay for that.

McManus said police have been helpful, and “hopefully over time, that’ll get better, but we’re not walking away from what’s got to happen”.

Australia’s live performance industry reported record levels of attendance last year, in its first full year of operation without any Covid-19 disruptions or restrictions.

The 2023 ticket attendance and revenue report from Live Performance Australia shows revenue was $3.1bn and ticketed attendance reached 30.1m – the highest recorded attendance and revenue since the report commenced in 2004.

NSW accounted for the highest market share of revenue at 33.3% and tied with Victoria for the highest attendance (30.6%). The two state’s accounted for 64.7% of all live performance revenue and 61.2% of attendance.

LPA chief executive Evelyn Richardson said despite the strong results, “there continues to be real pressures on many of our performing arts organisations.”

All categories are managing significant increases in their operating costs with limited scope to pass these on to audiences through higher ticket prices. For many, a ‘full house’ now means just breaking even, leaving little scope for reinvestment in new productions or rebuilding of financial reserves …

Government needs to step up public investment in our small to medium not-for-profit and national performing arts organisations, as well as incentivise more private investment through LPA’s proposal for a live theatre tax offset.

Ten’s lawyer argues some of Lehrmann’s appeal grounds are ‘hopeless’

Amanda Meade

Matt Collins KC, for Network Ten, says some of Bruce Lehrmann’s appeal grounds are “faintly arguable” but the first two are “hopeless”.

In an expanded appeal of his defamation loss, Lehrmann argues Justice Michael Lee should not have ruled that Network Ten had proven its substantial truth defence. The amended appeal reads:

The justification case found had not been pleaded … had not been the subject of submissions … and had not been put to the relevant witnesses contrary to the principles of procedural fairness and natural justice.

In an interlocutory hearing in the federal court today Collins has told Justice Wendy Abraham that “all of those propositions are wrong as a matter of fact”.

Lehrmann is not in court today for an interlocutory hearing in his appeal and has sent his apologies via his lawyer, Zali Burrows.

Amanda Meade

Bruce Lehrmann not in court for appeal hearing

Bruce Lehrmann is not in court today for an interlocutory hearing in his appeal and has sent his apologies via his lawyer, Zali Burrows:

Your honour, I’d like to mention Mr Lehrmann doesn’t mean any disrespect by not being present today but he is watching the proceedings electronically.

Appearing for Network Ten, Matt Collins KC has told the court the network’s costs for the defamation case are estimated to be $3.1m and Ten sought and obtained a lump sum cost order in the sum of $2m.

The former Liberal staffer lost the defamation case he brought against Ten and Lisa Wilkinson, with Lee finding last month that on the balance of probabilities Lehrmann raped Brittany Higgins on a minister’s couch in Parliament House in 2019.

He is appealing that decision and Network Ten is asking the former Liberal staffer to put up $200,000 in security for costs ahead of the appeal.

Lehrmann has always denied the allegation and pleaded not guilty at the criminal trial of the matter which was aborted due to juror misconduct.

Josh Butler

Wilkie says government ‘avoiding Indigenous issues’ after voice referendum

Independent federal MP Andrew Wilkie has claimed the Albanese government is “avoiding Indigenous issues” a year after the unsuccessful voice referendum, urging Labor to get “back on the front foot” in addressing yawning gaps in social indicators between Indigenous and non-Indigenous Australians.

The Tasmanian politician said in a media statement this morning:

It’s been one year since the unsuccessful Voice Referendum and the federal government still seems to be avoiding Indigenous issues. Indeed according to the latest Productivity Commission report, only five of the 19 Closing the Gap targets are on track and some are even going backwards.

There has been an abysmal lack of progress by a succession of Australian governments, with a range of policies and programs that have consistently failed Indigenous people and communities.

The government has so far flagged no plans today to mark the one-year anniversary. There remain questions over whether Labor still remains true to its commitment to the Uluru Statement from the Heart and its agenda of voice, truth and treaty. Some Indigenous advocates for the voice referendum have since conceded that the failure of the vote has made that Uluru statement agenda very difficult or potentially impossible to realise.

Wilkie continued:

It’s time for this government to get back on the front foot, listen to and empower First Nations people to make decisions about their lives and needs, and get serious about funding and delivering frontline services.

Sarah Collard

Reconciliation Australia says referendum loss strengthened will to ‘work harder and better’

Twelve months on from the failed voice referendum, Reconciliation Australia says an opportunity to “reset” the relationship between First Nations people and the Australian electorate was rejected.

In a statement on the anniversary, Reconciliation Australia says the result caused disappointment and hurt for many in the Indigenous community and their supporters.

A year ago the Australian electorate rejected an opportunity to advance reconciliation and reset relationships between the Australian state and First Nations peoples,

On 14 October 2023 the Voice to Parliament referendum failed, causing disappointment and hurt in the hearts of First Nations people and their allies across the continent.

Reconciliation Australia said while the campaign turned ugly at times, they are focusing on the millions who voted in favour:

This was starkly illustrated in the ignorance and racism that characterised a large amount of the public discourse during that time.

But it is also true that, despite a huge misinformation campaign, six million Australians voted yes.

They said despite the loss they are strengthened in their will to “work harder and better” for the reconciliation effort.

Indigenous leaders remain confident Australia will enshrine an Aboriginal and Torres Strait Islander voice to parliament in the constitution, one year on from the referendum defeat.

As AAP reports, the Indigenous campaigner Thomas Mayo – who was among the leading yes vote advocates – said constitutional change could still take place down the track, despite the defeat. He told ABC Radio:

There’s still a future that includes Indigenous people in the constitution. Sure, in reality it’s not going to happen again for a while.

We don’t always get things right in a democracy. If we accepted the ‘no’ answers that we got about equal wages or about our right to vote as Indigenous people … things would be worse today.

Because more than 60% of young people voted ‘yes’ between 18 and 24, that tells me that we’ve got a future, and what we tried to do last year will be achieved.

Megan Davis, one of the architects of the Uluru Statement from the Heart, said once it became clear the referendum was unlikely to win public support, it should have been delayed. But Mayo said despite the polls, the government was right in pursuing the referendum:

I don’t think it was a mistake and the reason is because … we would still be wondering if we didn’t do it. We had to press on, because it might not have been another chance.

Bruce Lehrmann defamation case back in court

Amanda Meade

The Bruce Lehrmann case is back in court today as Network Ten asks the former Liberal staffer to put up $200,000 in security for costs ahead of the appeal.

In May, Lehrmann was ordered to pay most of Ten’s legal costs from his failed defamation suit because the court found he brought the case on a “knowingly false premise”.

Lehrmann’s lawyers will ask the court to delay the enforcement of costs order.

Ten’s application says Lehrmann is unemployed and without significant means to pay its costs and the network could be saddled with the bill.

Last month Lehrmann was given extra time to refile the grounds of his appeal against his defamation trial loss to Network Ten and presenter Lisa Wilkinson, after he missed court-set deadlines.

Lehrmann has widened his appeal grounds to argue Justice Michael Lee should not have ruled that Network Ten had proven its substantial truth defence.

Lee said Lehrmann should pay almost all of Ten’s and Wilkinson’s costs on an indemnity basis, except when it came to the failed qualified privilege defence argument, where the network would receive regular costs.

Justice Wendy Abraham will conduct the interlocutory hearing in the federal court in Sydney, and the proceedings will be live streamed on the federal court YouTube channel.

The Coalition has taken the lead over Labor on a two-party-preferred basis in a Newspoll first since the Albanese government came to power, AAP reports.

The Coalition is leading Labor 51-49, eight months out from the next election. The lead has been generated by a shift in preferences from minor parties, however, with voter support for the Coalition and Labor remaining unchanged from the previous poll in September.

Albanese’s approval ratings fell to the lowest level since becoming prime minister, suffering a three-point fall in his satisfaction rating to 40% and a three-point rise in dissatisfaction to 54%. His net negative approval ratings also dropped to minus 14, a point lower than his previous worst.

The two party leaders are equal in their overall approval ratings, but Albanese’s disapproval rating is higher than opposition leader Peter Dutton’s – 54% to his 52%.

In the head-to-head contest over who would make a better prime minister, Dutton remained on 37%, but Albanese retained his lead at 45%, despite losing a point.