Bruce Lehrmann court decision: Grinning Taylor Auerbach soaks up the limelight in a see-through shirt just hours after rocking defamation trial with bombshell drugs and prostitutes claims

Taylor Auerbach touched down at Sydney Airport on Tuesday evening after catching a flight from New Zealand.

The former Spotlight producer, 32, boarded the plane in anticipation that he would be called to give evidence following Tuesday evening's hearing.

And while he was en route, Judge Michael Lee accepted that Mr Auerbach's evidence would need to be heard, ordering him to appear in court at 2.15pm on Thursday.

Mr Auerbach will be cross-examined by Mr Lehrmann's counsel Matthew Richardson SC in a hearing that could spill over into Friday.

He will be subpoenaed to produce any relevant documents to the case, including any that suggest any alleged misuse of funds why he was employed by the Seven Network.

Mr Auerbach appeared to be enjoying his moment in the limelight as he arrived in Sydney, wearing a see-through buttoned-down black shirt that left little to the imagination.

He flashed a toothy grin at waiting photographers as he wheeled his luggage and man bag out of the terminal.

He refused to answer questions as he was driven out of the airport.

Mr Richardson questioned in court on Tuesday whether Mr Auerbach was mentlaly unwell, suggesting the former producer had claimed he had suffered a 'psychiatric injury' when leaving Seven.

He recently held a two-minute press conference during which he refused to answer questions, while a video posted on social media appeared to show him smashing a colleague's golf clubs with the caption: 'Merry Christmas, sue me'.

On Tuesday evening, Ten News revealed some of the untested allegations in Mr Auerbach's 2,000-page affidavit.

They include dinners at Sydney restaurants for about $900, a round of golf in Tasmania for about $401, and Thai massages amounting to more than $10,000.

The dinners included a $450 meal at Spice Temple in Sydney's CBD and a $518 dinner at Franca in Potts Point.

It was also alleged that Seven reimbursed Mr Lehrmann via a daily work allowance for 'illicit drugs and prostitutes' at a Sydney brothel in January 2023.

All of this - as well as a year's rent - are alleged to have been paid for by Seven in exchange for exclusive interview rights.

Those allegations have not been tested in court.

Taylor Auerbach was initially going to be called as a witness at 2.15pm on Wednesday, but Justice Lee later changed his mind and decided Thursday would be better.

It is understood Mr Auerbach will return from New Zealand this evening and will be in a position to appear in court.

Justice Lee said there was 'intense public interest' in the case and that he would try to keep any delay to a minimum.

He conceded the judgement scheduled for Thursday may be vacated, but he would expect to deliver his verdict next week.

Bruce Lehrmann sued Lisa Wilkinson and Network 10 in the Federal Court over her 2021 interview with Brittany Higgins where she alleged he raped her in Parliament House in 2019. He has continually denied the allegations.

He was not named in that broadcast but claims friends and former colleagues were able to identify him as the alleged rapist.

The matter was heard before Justice Michael Lee in a four-week trial that concluded in December.

Justice Lee was set to deliver his verdict at 10.15am on Thursday, but that may not happen if Network Ten wins a bid on Tuesday to reopen the case.

The network's application reportedly hinges on a 2000-page affidavit by former Channel Seven producer Taylor Auerbach.

Mr Auerbach was on the team at Seven's Spotlight program when it secured exclusive interviews with Mr Lehrmann, which aired in June and August last year.

It was during those two interviews that classified information from Mr Lehrmann's criminal trial was broadcast on national television.

The confidential material included Ms Higgins' private texts and CCTV of Ms Higgins and Mr Lehrmann entering Parliament House before she was allegedly raped in March 2019.

It also included a five-hour meeting between Ms Higgins and her fiancé David Sharaz, Lisa Wilkinson and The Project producer Angus Llewellyn, which was recorded before her television interview.

The leaked information had originally been collected by Australian Federal Police during the investigation into Ms Higgins' rape allegations and was protected under the Harman undertaking, which meant it could not be used for anything other than court proceedings.

Mr Auerbach, who left his job at Seven last year, reportedly claimed in his affidavit that Mr Lehrmann was the source of the confidential material.

Daily Mail Australia does not suggest Mr Lehrmann was the source of the leaked content.

Justice Lee will hear arguments on Tuesday evening as to whether he should accept Mr Auerbach's evidence.

Ten's barrister Matthew Collins KC told the court the Australian Federal Police collected a brief of evidence during the investigation into Brittany Higgins' rape allegations.

'Material in that brief was confidential ... and the subject of undertakings that cannot be used for any purpose of the proceedings in which Mr Lehrmann was accused,' he said, referring to the Harman undertaking.

Dr Collins pointed to Ms Saunders ' affidavit and said on June 4, 2023 the first Spotlight program went to air.

During that interview, Mr Lehrmann said: 'Beware the man with nothing to lose'.

He also said, 'Everything needs to be out there in the open.'

Dr Collins then brought up a five-hour conversation between Ms Higgins and her boyfriend David Sharaz, Lisa Wilkinson and The Project producer Angus Llewellyn.

That interview was broadcast on Spotlight.

Dr Collins said: 'This material previously was broadcast and ...it was materials that are not intended in the course of the ACT Supreme Court proceeding.'

Mr Lehrmann's criminal trial was heard in the ACT Supreme Court in 2022, but it was discontinued due to juror misconduct. It was then dropped by the former Director of Public Prosecutions due to concerns for Ms Higgins' mental health.

Dr Collins continued: 'Plainly enough, there was other material also in a certain network's possession.'

Channel Seven released a statement on Tuesday evening rejecting 'the false and misleading claims relating to the broadcast of material in the Spotlight program'.

'Seven has never revealed its source or sources and has no intention of doing so,' a spokesman for the network said.

'Seven notes Mr Lehrmann’s court testimony last year that he was not the source.

'Furthermore, Seven did not condone or authorise the alleged payments to Mr Lehrmann referred to in the affidavits.

'As has been previously reported, the person involved admitted to the misuse of a Seven corporate card and all unauthorised expenses were immediately reimbursed. Seven notes that these proceedings remain before the court.'

Network Ten's barrister Matthew Collins KC has accused Bruce Lehrmann of committing an 'outrageous contempt of court'.

He accused Mr Lehrmann of handing about 2300 pages of Brittany Higgins' private texts to Channel Seven, ahead of his two interviews on Spotlight which aired in June last year.

Those texts were between Ms Higgins and her ex-boyfriend, Ben Dillaway.

Dr Collins accused Mr Lehrmann of handing those texts to the network to embarrass Ms Higgins and to influence the defamation trial.

'No doubt in the hope that they would be broadcast and disseminated to her embarrassment,' Dr Collins said.

'All of this done in the immediate lead up to a defamation trial before Your Honour … and can only have been calculated to put pressure on witnesses and parties."

He said the five-hour recording of a meeting between Wilkinson, Mr Llewellyn and Ms Higgins was 'highly unflattering'.

'It is in our submission, the definition of an abuse of process,' he said.

Dr Collins then told the court that Mr Lehrmann used Channel Seven's photocopier to copy documents in his possession.

Wilkinson's barrister Ms Chrysanthou then told the court Channel Seven's agreement with Mr Lehramnn went further than covering his rent.

The network paid about $105,000 for Mr Lehrmann's rent for a year in exchange for exclusive interviews.

She said: 'In addition to the one year of rent, it would appear there were months more of rent paid for by Network Seven in Mr Auerbach's name.'

Ms Chrysanthou also said Mr Auerbach had provided photos of a laptop which displayed texts between Wilkinson's husband Peter FitzSimons and Ms Higgins.

Mr FizSimons brokered Ms Higgins' $325,000 book deal with Penguin Random House in 2021.

'In the reflection, you can see [Spotlight producer] Mark Llewellyn,' she said.

'Those photos were taken in an apartment which was rented for Mr Lehrmann to live in ... in Mr Auerbach's name.'

Network Seven was subpoenaed to produce material relating to the agreement with Mr Lehrmann prior to the defamation case last year.

On Tuesday, Ms Chrysanthou suggested some of the original material may have been destroyed.

Bruce Lehrmann's barrister Matthew Richardson SC told the court Mr Auerbach wasn't physically present during many of the situations he details in his affidavit.

'This stuff is trivial,' he said.

'To give a leaf to reopen on that material would be inappropriate.'

He said Mr Lehrmann was transparent about his $105,000 rental payment when asked during the trial last year, and he was not asked whether there were payments for other things.

Mr Richardson said that if Mr Auerbach was called as a witness, Channel Seven would need to be subpoenaed.

Mr Auerbach left Channel Seven last year and took a job with Sky News. Following reports last week, he was no longer employed with Sky.

Mr Richardson took the court to multiple reports that have labelled Mr Auerbach as 'bizarre' over the last two weeks and said his team would need time to find out 'who this person is' and why he left Channel Seven.

He suggested Mr Auerbach himself had claimed a 'psychiatric injury' caused by his separation from Seven.

'Obviously we will be submitting that the substance of the evidence wasn't put to [Mr Lehrmann], and that raising this collateral topic through a new witness credit material is not going to be admissible,' Mr Richardson said.

'This is a brand new witness.'

'We need to know what was passing between him and [Seven producer, Mark] Llewellyn and [former Seven producer, Steve] Jackson.'

Justice Lee had suggested the allegations should be aired because 'sunlight is the best disinfectant.'

Mr Richardson said 'Mr Auerbach has been dancing in the sun for two weeks'.

Justice Lee laughed, loudly.

Mr Collins brought up a portion of the defamation trial in December when Mr Lehrmann was being cross-examined by Wilkinson's barrister Sue Chrysanthou SC.

Referring to Mr Lehrmann's exclusive interview agreement with Channel Seven, Ms Chrysanthou had asked: 'In addition to giving the interviews, you also agreed to give all information, documents, film, video, photographs, items and assistance?'

Mr Lehrmann replied: 'Yes.'

Ms Chrysanthou asked: 'And did you do so?'

He replied: 'No, I just gave an interview.'

Justice Lee asked whether Ten's application was to discredit Mr Lehrmann, or whether it was about potential damages and an 'abuse of process', which would impact damages.

Dr Collins said it would take exceptional circumstances to reopen a case purely to discredit someone.

However, he said the question of credit was relevant because it would 'rationally' assess Justice Lee's ability to assess Mr Lehrmann's believability.

Justice Lee asked why Ten wanted the matter reopened.

Dr Collins, pictured below next to solicitor Marlia Saunders, replied: 'It's an abuse of process.'

Justice Lee spent a short adjournment on Tuesday evening reflecting on logistics and decided Mr Auerbach should be called at 2.15pm on Thursday, rather than on Wednesday.

He wanted to give Mr Lehrmann's lawyers more time to prepare for cross-examination and to gather relevant subpoenas.

'We will work on the basis that we might start with the witness [Mr Auerbach] at 2.15 on Thursday afternoon, which would then allow us Thursday and Friday to hear evidence and deal with the case and reply,' he said.

Mr Lehrmann's barrister Mr Richardson said he intends to subpoena Channel Seven and Mr Auerbach.

Specifically, he would like to subpoena Mr Auerbach to produce 'evidence relating to any allegation of misuse of funds by him while employed by Seven Network'.

The matter will resume at 9.30am on Thursday.

Bruce Lehrmann and Taylor Auerbach did not appear in court on Tuesday afternoon.

It is understood Mr Auerbach signed his affidavit while in New Zealand.

Network Ten's barrister Mattew Collins KC told the court he had five matters to draw the court's attention to.

'The application we agitate is unusual and exceptional,’ Dr Collins said.

'We seek to identify the substance of fresh evidence.'

Mr Lehrmann's barrister Matthew Richardson SC opposed the application to reopen the trial.

Dr Collins cited texts between Ms Higgins and her former boyfriend Ben Dillaway and told the court they were supplied to Network Seven by Mr Lehrmann.

'These are deeply personal exchanges between Ms Higgins and her former boyfriend that are not otherwise in the public domain and which are the subject of implied undertakings in our submission,’ he said.

Affidavits by solicitor Marlia Saunders, prepared over the Easter long-weekend, were marked as read in court.