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Brittany Higgins defends ‘unwavering’ account of rape

Brittany Higgins' lawyers have urged a court to reject credit attacks by her alleged rapist Bruce Lehrmann, saying her conduct was consistent with someone suffering trauma.

Higgins' barrister Nicholas Owens SC defended her "unwavering, consistent and clear account" of the alleged rape in submissions made public by the Federal Court ahead of Monday's judgment.

Owens argued because Higgins was only a witness in Lehrmann's defamation case against Network Ten — and not the party suing or being sued — she could not fully respond to attacks on her credibility.

READ MORE: Lehrmann's 'integrity' challenged in defamation stoush

Higgins was challenged on how long she kept the dress she was allegedly assaulted in under her bed.

Any claimed inconsistencies in her statements had not been properly examined through evidence, particularly of her mental health or reasons for altered perceptions and memories, he wrote.

Lehrmann's submissions that Higgins was dishonest should be "decisively rejected", Owens wrote.

"Much of the conduct that Mr Lehrmann contends is dishonest is in fact entirely consistent with Ms Higgins having been raped."

How Higgins acted, including by neglecting to visit a doctor after the alleged rape, reflected how a person's memory and conduct could be affected by traumatic events, he argued.

"For the court to treat the credit attacks made against Ms Higgins as a reason to disbelieve her about her rape would be to use a consequence of that rape as a basis to deny its occurrence," he wrote.

Higgins alleges Lehrmann raped her in a Parliament House office in March 2019 while the pair were working for Liberal senator Linda Reynolds.

Bruce Lehrmann is seen entering the courts, outside the Federal Court of Australia, Monday 12th of December 2023.

He denies the allegation and a criminal trial was abandoned in 2022 because of juror misconduct, leaving no findings against him.

Justice Michael Lee had been set to hand down one of the most anticipated judgments in the nation on April 4.

But he postponed the decision until Monday after Ten brought in new evidence regarding Lehrmann's 2023 Spotlight interview with the Seven Network.

The judge reopened the case and last week heard allegations Lehrmann abused the processes of the court by leaking private, confidential texts from Higgins before his interview.

During the reopened trial, ex-Seven producer Taylor Auerbach claimed he saw Lehrmann buying cocaine and ordering sex workers in a Sydney hotel paid for by the network.

In an affidavit, Auerbach said Lehrmann sent him messages between Higgins and a former boyfriend and later messages between her and journalist Peter FitzSimons.

These texts made up part of a confidential police file offered to Lehrmann during the criminal trial and for which he gave an implicit promise not to use for any other purpose, the court heard.

Auerbach's lawyer Rebekah Giles filed submissions with the court which were made public on Tuesday.

In that document, she rejected Seven's claims her client was motivated by vengeance or some other ill-will towards the broadcaster in coming forward to give evidence.

His claims had not been shown to be false, including allegations Seven paid Lehrmann for massages and drugs before the Spotlight interview, the solicitor said.

The former Liberal staffer could have personally responded to the claims in court but chose not to, Giles argued.

"His silence was deafening such that the court should find that his evidence could not have assisted him."

In his case against Ten and journalist Lisa Wilkinson, Lehrmann claims he was defamed by a February 2021 interview on The Project with Higgins.

He is seeking substantial damages, saying his reputation was ruined.

But lawyers for Ten and Wilkinson have argued Lehrmann is a liar whose credibility was shot and who abused the processes of the court because of the leaked material and false claims.

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New average age Aussies are retiring revealed

Australians are working longer and retiring more gradually, which experts say is easing the pressure on the aged pension.

The average retirement age is the highest it has been since the early 1970s at 66.2 years old for men and 64.8 years old for women.

Melbourne is the city with the highest average retirement age for men at just below 67 years.

READ MORE: Man accused of murdering 23-year-old Victorian woman fronts court

Australians are working longer and retiring more gradually, which experts say is easing the pressure on the aged pension.

Perth has the highest average retirement age for women at 65-and-a-half years.

"The current age we're seeing this year is the highest since the early 70s, so 50 years," KPMG urban economist Terry Rawnsley said.

"It's not like the old days where you'd hit 65 and they'd say, 'Here's your gold watch and see ya later'.

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The average retirement age is the highest it has been since the early 1970s at 66.2 years old for men and 64.8 years old for women.

"It's much more of a nuanced transition.

"We see in the data the number of hours people are working starts to drop off.

"We start to be able to transition from full-time work to part-time work."

The retirement age is expected to continue to rising and in 20 years it is expected to be closer to 70 but with an increasing mix of work and enjoyment.

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Hannah McGuire’s family cry as man accused of murdering her fronts court

The devastated family of a woman allegedly murdered in regional Victoria have cried as her accused killer faced court.

Lachlan Young, 21, was brought into the dock at Ballarat Magistrates Court this morning flanked by two custody officers.

He was charged with murder on Monday after the body of his ex-girlfriend Hannah McGuire was found in a burnt out car at Scarsdale, about 25 kilometres south of Ballarat.

READ MORE: 'Brushing' scam leaves Aussies puzzling over free items sent in the mail

Emergency services were called to a vehicle on fire in bushland on April 5, where they found the 23-year-old Clunes woman's remains.

McGuire, a teacher's aide, and Young had reportedly dated in the past. Police have alleged they knew each other.

In court today McGuire's heartbroken parents, Glenn and Debbie, sat alongside other loved ones to face their daughter's alleged killer.

Police prosecutor Steven Repac said members of McGuire's family were in court, and crying could be heard as Young's case was called.

He asked for 16 weeks to gather evidence before handing it over to the defence, however Young's lawyer opposed this time frame.

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Hannah McGuire, whose body was found in a burnt-out car in regional Victoria.

"Defence have been given nothing by police," defence lawyer Crystal Caruana told the court.

"All the information we have is being received from the media at this stage and it would appear as though police have swooped very quickly in this matter."

"It would be assumed that there is enough evidence against Mr Young to charge him with murder."

She flagged Young could apply for bail in the Supreme Court, but needed this evidence to do so.

Acting Sergeant Repac said there were multiple crime scenes to be analysed along with CCTV, DNA evidence and forensic analysis.

This included deleted CCTV material, which police needed to recover and re-examine, he said.

"There is some complexity to it, obviously, given the nature of the investigation," Repac said.

In court today McGuire's heartbroken parents, Glenn and Debbie, sat alongside other loved ones.

Magistrate Guillaume Bailin agreed with the prosecutor and ordered police hand over the brief by July 29.

Caruana said it was Young's first time in custody and he was suffering from declining mental health. He will be seen by a nurse in custody for a medication and mental health review.

Young will return to court for a committal mention on September 19.

Outside court, McGuire's family members appeared emotional as they stood behind their lawyer Brooke Tamanika while she addressed the media.

"As you can imagine, this is a very devastating time for the family, for Hannah's loved ones and for our community as a whole," she said.

"The family have been assisting police, however I cannot comment on the status of the matter."

Hannah McGuire's family lawyer Brooke Tamanika.

She asked the public to respect the privacy of McGuire's family and give them time to mourn.

Meantime, the town of Clunes is in mourning, and the family-run pub was temporarily closed this week.

In a post to social media, her parents wrote: "the National Hotel will reopen tomorrow", and paid tribute to their daughter.

"You weren't just a star to us. You were our whole damn sky. Miss you princess."

The 23-year-old is the third woman to be allegedly murdered by a man in Ballarat this year sparking calls for more awareness around family violence.

"It's sad what happened, especially in a small town where everyone is pretty close and tight," one local, Heath, said.

"It is not something that we want to be known for and we will work collaboratively tirelessly to do whatever we can," Ballarat Mayor Des Hudson said.

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Case dropped against ‘loving’ stepdad accused over toddler’s death

A mother says she can finally grieve the death of her son after prosecutors dropped charges against the man accused of killing the toddler.

Savannah-Rose Wilson's then partner, Aaron Harley James, was in custody for more than two years accused of killing his 16-month-old stepson Jaylen Priest.

James, now 35, was committed to stand trial charged with the murder of Jaylen, who died in hospital in January 2022.

READ MORE: Man accused of murdering 23-year-old Victorian woman fronts court

James pleaded not guilty to manslaughter when prosecutors presented a new indictment to the Brisbane Supreme Court on Tuesday.

After an adjournment, the Crown said it would not proceed with charges against James.

Wilson, who has her son's name tattooed on her shoulder, said she had not been able to grieve her "beautiful" son.

"I'm just happy to see the truth prevails today. My son can rest finally," she told reporters outside court.

"I've lost family, I've lost friends because we've been painted as murderers and we loved our son."

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Evidence suggested Jaylen's death was an awful tragedy, Justice Peter Callaghan told jurors who were discharged without proceedings getting under way.

"It is at least the case that this tragedy will not now be compounded by the conviction of an innocent man."

Before the jury was empanelled, Justice Callaghan questioned Crown prosecutor David Nardone about a police interview in which a child was pressed for information before giving a second statement.

Justice Callaghan questioned whether this had been reported to the police commissioner, Crime and Corruption Commission, Family and Child Commission or Human Rights Commission or any action taken against the officer, with Nardone saying not as far as he was aware.

"For the last two years this police officer has continued thinking it's perfectly OK to interview a 14-year-old like this," Justice Callaghan said.

There was no evidence of violence or mistreatment by James against the child, Justice Callaghan said after discharging the jury in response to the Crown dropping charges.

"The evidence that you would have heard would have established that there was a loving relationship between James and Jaylen."

There was no build up to Jaylen suffering the injuries, with James having arrived home from work a few minutes before.

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It was a wet day, there was water on a hard floor and the boy slipped while running, the evidence of those living in the house suggested.

He hit his head, suffering a fractured skull and brain bleed.

James attended to the boy, with an ambulance being called immediately.

Justice Callaghan said photos showed the injury to the boy's skull was consistent with a particularly shaped table leg.

Paramedics were called to a house at Burpengary, north of Brisbane, on December 30, 2021 in relation to the welfare of the boy, police said earlier.

Jaylen was taken to hospital in a critical condition and died about a week later.

Serial sex offenders and serious criminals may be banned from NDIS

Serial sex pests and other serious criminal offenders may be barred from the National Disability Insurance Scheme after leaving jail, in a new flashpoint between the Commonwealth and States over disability funding.

Minister for the NDIS Bill Shorten has accused the states and territories of using the NDIS as a "dumping ground" after it was revealed that sexual abusers, rapists and paedophiles were receiving significant support under the NDIS after release.

In some cases, NDIS support is worth more than $1 million a year.

READ MORE: Cost of a supermarket shop rises by 33 per cent in nearly three years

Wayne Wilmot, one of Australia's worst serial sex offenders, will be the beneficiary of a significant NDIS package when he is released from prison, including 24 hours of support services a week as well as access to behaviour and health professionals.

"I don't want him (Wilmot) on the NDIS," Shorten told 9News in an exclusive interview.

"You'll have to ask the state authorities why they're releasing him.

"The NDIS was not created to be a dumping ground for the state correctional system for people they don't know how to cope with in society."

Wilmot was involved in the horrific murder, rape and kidnapping of Janine Balding in 1988.

He was sentenced to seven years' jail for being an accessory to her murder and when he was released in 1996 he attacked four more women.

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Serial sex offenders could be banned from accessing the NDIS, Bill Shorten told 9News.

He was again sent to prison but is set to be released after his detention was extended.

Shorten told 9News he would be asking an expert panel of former top police officers to review the safety of NDIS workers tasked with providing support services to serious criminal offenders.

"I want their advice before we admit people with serious criminal history anywhere near our NDIS," he said.

"The NDIS is for people with profound and severe impairment who need assistance with the core function of living.

"We are not currently able to look at a person's criminal history.

"That's got to change. I want to know who's asking to be on the scheme, (and) if the workforce, who we send to care for them are safe.

"Now the vast bulk of people on the scheme – the vast, vast bulk – are completely legitimate and eligible but the states can't just use the NDIS to provide round-the-clock protection for the community from a few very bad people."

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David Balding, the brother of Janine Balding, said police were anxious about Wilmot's looming release.

"They are very concerned that he will recommend once he is released," Balding told 9News.

"It's not a matter of if, it's a matter of when.

"Getting released, angers me, then to find out that he's getting support through a scheme that should be helping people that really need it and struggling to get it is pretty appalling."