A one-time star witness in Bruce Lehrmann’s infamous defamation trial has launched legal action against two of Australia’s biggest media companies.
Former Seven staffer Taylor Auerbach launched his own defamation bid against News Corp in the Federal Court on Friday after previously suing his ex-employer.
Auerbach alleges News published an untrue denial in response to claims he received anti-Semitic text messages while at the network.
He claims to have been defamed and racially vilified by the publication in The Australian newspaper.
It followed his recent attempt to sue Seven over claims it made disparaging comments about him that led the producer to be shunned and vilified.
Auerbach was thrust into the spotlight during Lehrmann’s 2024 defamation trial, when he alleged Seven paid for a $1000 Thai massage, luxury hotels, expensive dinners and a golf trip in an attempt to secure a tell-all interview with the former political staffer.
Friday’s case management hearing in the Federal Court was far less high-profile.
Auerbach represented himself from the comforts of what he told the court was his brother’s luxury car.
He even stood up outside the car to bow to Justice Robert Bromwich, popping his head back in to keep an eye on proceedings.
Auerbach’s defamation claim relates to an article in The Australian, in which a former Spotlight executive producer denied bullying him including by sending anti-Semitic text messages.
But his case contained some legal flaws.
The article cited in the defamation suit dated back to August 2024, falling well outside the 12-month deadline to take defamation action.
Racial discrimination cases must also be brought through the Human Rights Commission, rather than the Federal Court, Justice Bromwich told Auerbach.
The former producer indicated he would withdraw that aspect of his case, conceding it was “a bit of creative thinking”.
But he was keen to push ahead with the defamation claim, noting that if he could not get an extension on the 12-month limit, he would “simply sue over a later article”.
“There has been serious harm before that article, then it went ‘bang’, and then went right on afterwards,” Auerbach told the court.
Justice Bromwich suggested the argument would be “novel”, noting serious harm must be specific to the allegedly defamatory article.
Auerbach and lawyers for News agreed on a timetable which will have them return to court for an application on October 26.
“This has been more productive than I was perhaps fearing,” Justice Bromwich quipped.
The judge wrapped proceedings up perhaps where he should have started.
“Am I pronouncing your surname correctly, Mr Auerbach?” Justice Bromwich asked.
“I’ve had Aardvark before Your Honour, so you’re doing very well,” Auerbach replied.
The former TV producer recently bemoaned the impact of his involvement in Lehrmann’s trial when appearing in the Federal Court for his lawsuit against Seven.
“I’ve tried to become a normal living member of society,” he told the court in June.
“Society told me ‘nuh-uh you’re the Lehrmann guy’.”
Lehrmann is on the hook for millions of dollars after losing his blockbuster defamation case, with the Federal Court judge finding he had likely raped his colleague Brittany Higgins in Parliament House in 2019.
The former political staffer denies he sexually assaulted Ms Higgins and no criminal findings have been made against him.
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