No matter what Justice Lee decides in Lehrmann case the lawyers are the big winners

Even before Justice Michael Lee hands down his judgment in Bruce Lehrmann’s defamation case on Monday, the real winners have already been decided — the lawyers.

Even before Justice Michael Lee hands down his judgment in Bruce Lehrmann’s defamation case on Monday morning, the real winners have already been decided — the lawyers.

If Justice Lee finds Mr Lehrmann was identified in the broadcast interview with Brittany Higgins, then he has to decide on the balance of probabilities whether Network 10 has established the truth of the claim that Mr Lehrmann raped Ms Higgins in Parliament House in Canberra in March 2019.

Regardless of whether Mr Lehrmann succeeds in proving he was defamed by The Project interview, or if Network 10 and Lisa Wilkinson have shown he did rape Ms Higgins, the legal teams for all sides have racked up bills approaching $10m.

Ten’s legal team is led by Matt Collins, KC, the most quietly spoken and expensive lawyer in court with a purported bill of $12,000 a day, who is supported by an in-house legal team and four solicitors from Thomson Geer.

Wilkinson is represented by one of Sydney’s most colourful defamation layers, Sue Chrysanthou, SC, while Ms Higgins has signed up Nicholas Owens, SC.

Bruce Lehrmann’s legal team is led by Steve Whybrow, SC. Picture: Gary Ramage

Network Ten’s barrister Matt Collins, KC. Picture: Monique Harmer

Legal insiders have told The Daily Telegraph the eye-watering bill from Mr Lehrmann’s four barristers exceeds $3m.

They are led by Steve Whybrow, SC, and Matthew Richardson, SC, who both charge $8000 a day.

Lisa Wilkinson (left) with her barrister Sue Chrysanthou, SC. Picture: Nikki Short

Wilkinson took her own legal action to get Network 10 to pick up her silk’s tab of more than $1m.

That will add to Ten’s bill of more than $5m required to prepare the “truth” defence with 20-plus witnesses, including Ms Higgins, and three expert reports.

Wilkinson will be hanging on the result, hoping it removes any question over her journalism.

The cheapest legal bill is for Wilkinson’s husband Peter FitzSimons, who made a costs claim after being subpoenaed to produce documents. His lawyer’s fees are just $4000.

Nicholas Owens, SC, has been representing Brittany Higgins. Picture: Dylan Coker

If Justice Lee finds amid all the conflicting evidence that Network 10 has failed to prove the rape happened, then Ten falls back on the ­defence of qualified privilege — that it acted fairly with good journalism.

If Justice Lee rules that neither the truth defence nor the qualified privilege defence was sustained by the network and Mr Lehrmann was defamed by the interview, there are a number of likely scenarios.

One is that Mr Lehrmann is awarded a substantial sum for damage to his reputation.

A second option is that Justice Lee awards a much smaller amount on the basis Mr Lehrmann does not have a good reputation to defame. This was the gist of Network 10’s submission after former Spotlight producer Taylor Auerbach’s explosive evidence of paying Mr Lehrmann for an interview with cocaine and prostitutes.

Justice Lee has already told the court that one of the options open is to award damages amounting to “the lowest coin in the realm” — which in Australia is just five cents.

Even if Mr Lehrmann prevails, it is possible the judge might order him to pay his own massive legal bill.

Which is why only the lawyers are likely to walk away winners.

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