By Michaela Whitbourn
Network Ten has agreed to pay less than a third of the $1.8 million in legal costs Lisa Wilkinson had originally asked her employer to cover following Bruce Lehrmann’s failed defamation suit, as a court ordered Lehrmann to pay $2 million to Ten.
Federal Court Justice Michael Lee dismissed Lehrmann’s lawsuit in April and presided over a costs hearing on Thursday after he ordered Lehrmann to pay the bulk of the legal costs of Network Ten and the high-profile presenter.
Lisa Wilkinson and Bruce Lehrmann outside the Federal Court during the defamation trial.Credit: Dominic Lorrimer
After his costs judgment, Lee had suggested Ten might seek a lump sum order against Lehrmann for a lesser figure than its total costs, enabling him to make that order without the time and expense of a costs assessment process to arrive at a dollar figure.
Ten’s barrister, Zoe Graus, told the court on Thursday that Ten sought a lump sum order totalling $2 million. Its total legal bills were more than $3.6 million.
Paul Svilans, appearing for Lehrmann, said the former Liberal staffer “neither consents nor opposes” that order.
‘A man of modest means’
The court has previously heard Lehrmann is an unemployed law student and there is a risk he will be tipped into bankruptcy.
“It is common ground that [Lehrmann] ... is a man of modest means,” Lee said in a decision on Thursday.
It was not suggested that there was “any real likelihood” that he would be in a position to pay a substantial costs order, he said. Lee entered judgment in the sum of $2 million against Lehrmann in Ten’s favour.
Lehrmann sued Ten and Wilkinson over an interview with his former colleague Brittany Higgins, broadcast on The Project in February 2021.
Lee dismissed his lawsuit after finding the media parties had proven on the balance of probabilities that the central claim in the broadcast was true – Lehrmann had raped Higgins in 2019 in the Parliament House office where they worked for then Liberal defence industry minister Linda Reynolds.
Wilkinson, who conducted the interview with Higgins, briefed separate lawyers to represent her in the case.
Wilkinson’s costs
Given the unlikelihood of Wilkinson recovering any costs from Lehrmann, her employer Ten will pay some of Wilkinson’s legal bills under an indemnity covering costs “properly incurred and reasonable in amount”.
Graus told the court Ten had previously offered Wilkinson $607,850 plus GST as a “compromise position”, rather than the $1.8 million in legal costs she had originally sought.
However, she said the broadcaster regarded that figure as “more than we thought recoverable” and it later calculated a lower amount of $558,548.
Lisa Wilkinson leaving the Federal Court in Sydney in February.Credit: Dominic Lorrimer
Ten did not agree to judgment being entered against it for that lower amount, but Lee said the broadcaster was “willing to pay that amount”.
“Yes,” Graus said. “If your honour was content with a note to that effect in the orders.”
Lee said: “And if, for some reason, Network Ten didn’t comply with its promise, then I could make an order. I have no reason to think that would be the case.”
Michael Elliott, SC, acting for Wilkinson, agreed with this course. While Ten has agreed to pay this amount, Wilkinson’s costs will still be examined by a referee. This may result in Wilkinson either having to pay back an amount, or Ten paying an additional sum.
Lehrmann’s appeal
Lehrmann filed a notice of appeal against Lee’s decision in the Full Court of the Federal Court last month. It is not clear if Lehrmann will have legal representation at any hearing.
Ten is seeking an order that Lehrmann pay $200,000 in security to cover some of the legal bills of the media parties in the event he loses the appeal and is ordered to cover his opponents’ costs of defending the appeal.
The broadcaster is also seeking an order that the appeal be dismissed against both Ten and Wilkinson if he does not pay the security within 42 days from the date of the order. It is up to the court to decide whether it will make the order.
Landlord fight
Meanwhile, Lehrmann’s dispute with his former landlord over almost $20,000 in alleged property damage at the Balgowlah home rented for him by the Seven Network returned for a hearing on Thursday in the NSW Civil and Administrative Tribunal. His former landlord, Gaenor Meakes, is also pursuing Lehrmann for several weeks’ rent. Lehrmann is defending the claim, the tribunal heard.
During the defamation case, the Federal Court heard Seven spent about $100,000 paying Lehrmann’s rent for a year to April 2024 under an exclusive interview deal.
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