Network 10’s lawyers told Lisa Wilkinson to consider outside legal help: court

Lisa Wilkinson was “relying” on advice from Network 10’s own lawyers when she hired outside legal help, a court has been told.

Lawyers representing TV personality Lisa Wilkinson are fighting to settle a $700,000 legal dispute with Network 10 before the bombshell Bruce Lehrmann defamation trial comes to an end.

Ms Wilkinson launched proceedings in the Supreme Court against her employer last month over legal bills related to the defamation suit, in which both are named as respondents.

The disagreement centres around whether the bill should be settled immediately and whether it was “reasonable” for Ms Wilkinson to hire legal help outside Network 10’s lawyers.

Michael Elliott SC, representing Ms Wilkinson, told the court on Friday the TV personality was allegedly “relying” on advice from the network’s own lawyers when she hired outside help.

“We expressed concerns whether the lawyers acting for Network 10 could properly act for us (Ms Wilkinson) because they had acted against our interest in relation to this dispute,” he said.

“Channel 10 suggested she obtain advice from the senior counsel nominated by Channel 10 as to whether it was appropriate for her to be separately represented, and his advice was that it was.”

Lisa Wilkinson (left) with lawyer defamation lawyer Sue Chrysanthou SC. Picture: NCA NewsWire / Damian Shaw

The allegation comes as Network 10 seeks to move the dispute from the Supreme Court to the Federal Court, where it would link up to the ongoing defamation trial that restarted this week.

Ms Wilkinson and Network 10 are being sued by Mr Lehrmann in the Federal Court over her 2021 interview with Brittany Higgins, which aired on evening TV show The Project.

Ms Wilkinson is being represented at the trial by high-profile defamation lawyer Sue Chrysanthou SC and Anthony Jefferies instead of using Network 10s retained law firm.

According to documents filed in the NSW Supreme Court, Ms Wilkinson claims the nationwide broadcaster is refusing to pay two legal invoices worth $353,538 and $370,017.

Network 10 stated in court documents that since February it had repeatedly told Ms Wilkinson that private “separate legal representation … was unnecessary, and not in her best interests.”

In the documents, Network 10 acknowledged that while Ms Wilkinson was entitled to hire her own legal representation, it was not liable to pay costs that are “unreasonably incurred”.

Network 10’s lawyer, Ian Pike, argued that in moving the case the judge presiding over the defamation trial, Justice Michael Lee, could rule on whether the outside legal help was “reasonable”.

Ms Wilkinson is seeking to have her $700,000 legal fees paid immediately. Picture: NCA NewsWire / Christian Gilles

Such a move, Mr Pike said, would not only avoid “contradictory” findings by the two courts but would allow the ongoing legal fees accrued by Ms Wilkinson to be dealt with all at once.

“Justice Lee will have to – he's already said as much – determine at the end of the case whether it is ‘reasonable and proper’ for her to have hired outside representation,” Mr Pike said.

“If one looks at what has been filed (in the defamation suite), there is no material difference in the defences of Ms Wilkinson and Network 10. There is no reason for them to be separate.

“What we said to Ms Wilkinson is that if you wish to maintain separate representation, that is up to you, but we will not be paying for it,” he added before Mr Elliott audibly sighed.

For his part, Mr Elliott told the court that “they must pay us money, the question is how much” and the duplication of any work done could be discussed during the settling of the bill.

The judge hearing the application questioned with what legal framework Justice Lee would judge Ms Wilkinson’s decision if Mr Lehrmann proved unsuccessful.

“His Honour does appear to have in mind the costs principles that govern court proceedings between parties and all of the principals about litigation, case management,” she said.

“My concern is the issues raised here concern employment law, which doesn’t seem to be the same issues that a trial judge will determine.”

The judge will give her judgment later on Friday.

Originally published as Network 10’s lawyers told Lisa Wilkinson to consider outside legal help: court