Lisa Wilkinson’s war over million-dollar war legal fees in the Bruce Lehrmann defamation trial
Lisa Wilkinson’s legal fees in the Bruce Lehrmann defamation trial are the subject of a legal war – and her Logies speech is central to the dispute.
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Lisa Wilkinson’s million dollar legal fees in the Bruce Lehrmann defamation trial are the subject of a legal war that could result in Channel Ten convincing the court the broadcaster should put her hand in her own pocket to pay for her barrister.
And her Logies speech that sparked a delay to the criminal trial is central to the legal argument, with Ms Wilkinson expected to argue she was given the green-light by Ten’s lawyers and as a result lost confidence in their advice.
On this basis, the legal advice is relevant not only to the issue of whether she acted reasonably at all times in the defamation matter but also why she says she felt compelled to obtain separate legal representation.
The matter will be canvassed at a Federal Court hearing on Tuesday as Wilkinson and her employer Channel Ten battle over who will end up paying for the broadcaster’s decision to hire her own legal team.
Wilkinson claims she was “thrown under the bus” by Ten when they refused to confirm she made the Logies speech following legal advice, which she argues was a contributing factor to her hiring a personal legal team that is now believed to have cost well over $1 million.
When Wilkinson warned the Ten Network she would file a cross claim for legal costs, her employer initially agreed it was liable to indemnify her against an award of damages or costs and for “reasonable legal costs”.
However, a dispute has arisen over whether the costs - which had already reached $700,000 before the trial - are reasonable or involve duplication. The costs are now expected to run to over $1 million.
Lisa Wilkinson has previously told the Federal Court that 10 Network CEO Beverley McGarvey checked her controversial Logies speech for “red flags” and declared it was “beautiful” just hours before it was delivered.
Ms Wilkinson and Channel Ten’s lawyers have outlined new details surrounding the circumstances of her speech in affidavits not yet filed with the Federal Court.
She says that on June 19, 2022, a senior producer asked her for a copy of the prepared speech “for the purposes of showing to Beverly McGarvey, Network 10 CEO, and Cat Donovan, Network 10 Head of PR.”
“She told me Ms McGarvey wanted to see the speech in case there were ‘any red flags’,” Ms Wilkinson said.
She was then told that Ms McGarvey and Ms Donovan had seen the speech and had no issue with its contents.
“Sarah Thornton (head of The Project) also informed me that afternoon that Tasha Smithies (Network 10 senior litigation counsel) had reviewed the speech. I understood from my communications with Ms Thornton that Network 10 had given full approval for me to give the prepared speech,” Ms Wilkinson said.
In her affidavit, Ms Wilkinson says that after she gave the speech she received praise from 10 bosses.
“Shortly after I gave the speech on 19 June 2022 at 11:07pm, I received a message from Ms McGarvey that stated “Beautiful speech,” she said.
The televised address subsequently prompted a judge to delay Bruce Lehrmann’s criminal trial.
ACT Supreme Court Chief Justice Lucy McCallum referred to the speech as one of the main factors driving her decision why to order a delay in the criminal trial through “gritted teeth”, warning the line between guilt and innocence had been “obliterated”.
During the defamation case Justice Lee pointedly noted that Ten’s refusal to waive left legal privilege and release the advice left him in a difficult position.
“It is inconceivable to me that any legally-qualified person could have given advice that a Crown witness saying what was said in that Logies speech was anything other than inadvisable and inappropriate,” he said.
“Now, that causes a difficulty in circumstances where I can’t see the legal advice.”
“I think I have to think that a solicitor would give rational advice, or advice that someone who did a first year criminal law course would give.”In her closing submissions on behalf of Wilkinson in the defamation case, Chrysanthou pointed out that Ten “has not authorised Ms Wilkinson to disclose the contents of communications over which her employer maintains legal professional privilege.”
In the wake of the Logies speech controversy, President of the Australian Bar Association Dr Matthew Collins KC appeared on Sunrise arguing the speech was “ill advised”.
Network 10 promptly hired him to represent the media company, a role that ultimately led to him leading 10’s case in the defamation trial.
However, Lisa Wilkinson then hired her own counsel, barrister Sue Chrysanthou SC.
Last year, Justice Michael Lee said the Logies speech advice was an issue “concerning credit” of Lisa Wilkinson.
“That is an issue concerning credit with your client,” Justice Lee said.
It was, he suggested, “entirely fantastic that any lawyer acting competently could have given advice that that speech was anything other than inappropriate”.
“And how do you factor that into the notion that someone’s telling you ‘well, I followed legal advice’ if you think the legal advice is self-evidently absurd and could never have been given by any lawyer to (a) Crown witness eight days before a trial can effectively get up to the Commonwealth of Australia and say the man is guilty?.”
If she loses the fight, Ms Wilkinson could be forced to pay a substantial amount of the legal fees from her own pocket after previously arguing Channel Ten should pick up the tab for her legal fees and it’s own led by Matt Collins KC.
If she wins, Channel Ten could end up facing legal fees of over $2 million to fight the case even if the broadcaster wins.
However, the revelations in the affidavits and this week’s hearing could increase the pressure on all parties to settle the matter.
It remains to be seen if the plaintiff, Mr Lehrmann, who is unemployed and living in an apartment paid for by Channel 7, would have any capacity to pay Channel Ten’s legal fees in any costs orders even if he loses the case.
Wilkinson and Channel Ten are being sued for defamation by Bruce Lehrmann who argues he was defamed in 2021 when Brittany Higgins was interviewed over her allegation she was raped at Parliament House.
The broadcaster sought her own legal team to represent her personally in the matter, even though Channel Ten had engaged Dr Matt Collins KC, who is widely regarded as one of the top defamation barristers in Australia.
Justice Michael Lee has reserved his judgement in the defamation trial.
Originally published as Lisa Wilkinson’s war over million-dollar war legal fees in the Bruce Lehrmann defamation trial
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