Network Ten’s lawyers said Bruce Lehrmann had “a great deal to lose” if he continued his defamation case against the broadcaster and did not accept an offer to walk away from the case, new documents reveal.
In an interview on Seven’s Spotlight program in June last year, Lehrmann said: “Beware the man who’s got nothing to lose.”
In an offer of settlement sent to Lehrmann’s lawyers on August 31 last year, released by the Federal Court this week, Ten’s lead solicitor, Thomson Geer partner Marlia Saunders, referred to that interview and said: “Your client has previously stated he has nothing to lose.
“Indeed, your ... communications [with Ten’s lawyers] repeat this as if to suggest your client is litigating from a position of strength. Frankly, he is not and he in fact has a great deal to lose if he proceeds to a trial in this proceeding.”
Saunders said Lehrmann had told Seven that he accepted “there’s going to be 50 per cent of the country, probably more, that think I’m a rapist” but there were “two sides to every story”.
“If our client’s truth defence succeeds, the remaining ‘50 per cent of the country’ will have to accept that your client is a rapist. That much is plain. Such a finding would also almost certainly be fatal to your client’s foreshadowed claim for compensation from the Commonwealth,” Saunders wrote.
Lehrmann launched defamation proceedings against Ten and high-profile presenter Lisa Wilkinson in February last year over an interview with his former colleague Brittany Higgins, aired on The Project in February 2021. Both Higgins and Lehrmann had worked as advisers to the then Liberal defence industry minister Linda Reynolds.
Lehrmann lost the case last month when Federal Court Justice Michael Lee ruled that Ten and Wilkison had established a truth defence by proving to the civil standard, meaning the balance of probabilities, that Lehrmann raped Higgins in Parliament House in March 2019.
Ten is now pursuing Lehrmann for its legal costs of defending the action. In support of its application for indemnity costs, which cover a higher proportion of a successful party’s costs bill than the standard order, Ten says Lehrmann unreasonably rejected the “walk away” settlement offer in August last year, under which the proceedings would have been dismissed without any admission of liability or any costs order.
Lehrmann has previously settled defamation cases with News Corp and the ABC which included a combined contribution of more than $400,000 to his legal fees.
Lee indicated this week that he would make a costs order in favour of Ten but he has yet to say whether it will be made on an ordinary or indemnity basis.
Saunders said in the letter offering to resolve the proceedings last year: “This offer involves significant compromise. Clearly, it involves [the media parties] ... forgoing their costs to date (which are significant) as well as the opportunity to obtain a judgment which vindicates their journalism.”
The reply from Lehrmann’s lawyer, Paul Svilans, was curt. “We refer to your letter to us of today’s date containing the Respondents’ settlement offer. Our client rejects that offer,” he said.
Lee will deliver his decision on costs at a later date. The judge has granted Lehrmann an extension of time in which to file any notice of appeal against his decision. The new deadline is May 31.