Bruce Lehrmann’s lawyers argue evidence is not available to rule out Britanny Higgins’ consent

Lehrmann's lawyers also admit client's evidence is unsatisfactory' but say it would be overstating it to say he is a compulsive liar'

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If the court finds that sexual intercourse took place between Bruce Lehrmann and Brittany Higgins it will also have to find she was so intoxicated as to be unable to consent" and that evidence is not available, Lehrmann's lawyers have told the federal court.

The evidence simply does not permit a positive finding of fact that Ms Higgins' intoxication was, at any relevant time, such that she could not consent to sexual activity," new submissions filed in Lehrmann's defamation case against Channel Ten and Lisa Wilkinson said.