Judge slams delay in Lisa Wilkinson $1.8m legal fight after Lehrmann lawsuit
A judge has lashed out at lawyers for journalist Lisa Wilkinson amid an ongoing dispute over an $1.8m legal bill following Bruce Lehrmann's failed defamation lawsuit.
TV journalist Lisa Wilkinson will have to wait until next year to learn how much of her $1.8m legal bill Network 10 needs to cough up after a judge cleared her of defaming Bruce Lehrmann.
Justice Michael Lee dismissed Lehrmann’s high-stakes lawsuit earlier this year after finding, on the balance of probabilities, he had raped Brittany Higgins in Parliament House in 2019.
He has appealed the decision.
Lehrmann sued Network 10 and journalist Lisa Wilkinson, claiming he had been defamed in an interview with Ms Higgins on The Project in which she said she was raped by a colleague.
Following the bruising loss, the former Liberal staffer was ordered to fork up $2m for the failed suit, though Justice Lee noted there was not “any real likelihood” he would be able to pay it.
Ms Wilkinson is separately seeking about $1.8m from Network 10 after she sought outside legal representation, with a referee appointed to determine what costs are subject to indemnity.
Despite the report being compiled, lawyers for both Network 10 and Ms Wilkinson said there were still “issues of principle” stopping them from agreeing on a final figure owed by 10.
Ms Wilkinson’s lawyer, Michael Elliott SC, noted multiple issues, including rates for work, and called for a supplementary report by the referee, who was to determine “reasonable” costs.
He called for the matter to be adjourned, sparing a fierce response by Justice Lee who said he “couldn’t have made any clearer to the parties that I wanted to be concluded before Christmas”.
“I made it clear, I wanted to deal with this today. I want to ensure I conclude my involvement with this matter if at all possible,” Justice Lee told Wilkinson’s barrister, Mr Elliott.
He later added: “I really want this advent to bring it to an end, I don’t want see 2025 to see my involvement with it unless it is necessary I be involved … I’m not dragging this out any longer”.
Justice Lee said that the result of the application could be to defer the matter for “some time”, as he was going on leave for Christmas before starting a significant case involving Star Casino.
Ultimately, Justice Lee agreed to relist the matter in February, noting that he was “not going to sit here and do the arithmetic” and that Mr Elliott was not prepared for legal argument.
Justice Lee earlier said he would be “very interested” if either party could, after Monday’s hearing, “put forward an offer of compromise as to the total amount they are willing to take”.
The court was told at least nine elements of the referees report were in dispute between the parties, including the rate applied for work carried out by Wilkinson’s lawyer after May, 2023.
Other issues were the “standard of reasonable necessity”, preparation of defence costs, costs associated with the applicants extension or time application, and costs outside court hearing.
Costs associated with the closing submissions on the truth defence and court attendance on days Network 10 ran its truth defence, and discount in relation to pre-trial, were also in issues.
A court was previously told Network 10 was willing to stump up $558,000 to Ms Wilkinson for her legal fees, with an independent referee brought in to determine the final amount.
Ms Wilkinson was represented in court by high-profile defamation barrister Sue Sue Chrysanthou SC, who she elected to hire outside of the legal defence team employed by Network 10.
Ms Wilkinson had sought some $1.8m, significantly lower than the amount Network 10 agreed to pay, with the referee to examine the extent of the former The Project host’s costs.
It comes as Lehrmann is set to return to court in August, 2025 to appeal against Justice Lee’s finding, after an “unnamed” senior counsel was set to be briefed in the high-profile matter.