By Michaela Whitbourn
Network Ten has agreed to pay $1.15 million to cover Lisa Wilkinson’s costs of defending Bruce Lehrmann’s defamation suit, resolving a protracted standoff between the broadcaster and her former employer.
In orders made on Monday, the Federal Court noted the parties had reached an agreement.
Lisa Wilkinson outside the Federal Court in December 2023.Credit: Dion Georgopoulos
“Network Ten and Ms Wilkinson have agreed that the total amount payable by Network Ten to Ms Wilkinson in respect of the indemnity for her costs incurred in the proceeding against her by Mr Lehrmann is $1,150,000.00.”
Ten has already paid Wilkinson $558,548 to cover some of her legal costs of the trial. This was substantially less than the $1.8 million she had originally sought.
“The due date for payment by Network Ten to Lisa Wilkinson of the remaining amount of $591,451.70 is 19 March 2025,” the orders say of the parties’ out-of-court agreement.
The parties’ deal dispenses with the need for Federal Court Justice Michael Lee to consider whether to adopt a report by a referee examining Wilkinson’s costs.
Bruce Lehrmann outside the Federal Court in Sydney last April.Credit: Dominic Lorrimer
Ten was liable for Wilkinson’s legal bills under an indemnity covering costs “properly incurred and reasonable in amount”. But there was a difference in opinion between the network and the veteran journalist about what that meant.
Wilkinson opted to brief a separate legal team to represent her in the court case, headed by Sydney barrister Sue Chrysanthou, SC. Ten’s team was led by Melbourne silk Matt Collins, KC.
Lehrmann last year lost his multimillion-dollar defamation suit against Ten and Wilkinson over an interview with his former colleague Brittany Higgins aired on The Project in February 2021.
Federal Court Justice Michael Lee dismissed the defamation case because he found on the balance of probabilities that Lehrmann had raped Higgins in Parliament House in 2019. Lee subsequently ordered Lehrmann to pay $2 million to Ten to cover some of the costs of its successful defence.
Lehrmann has filed an appeal against Lee’s decision. Justice Wendy Abraham granted an order known as a stay in October to halt enforcement of the costs order until the defamation appeal is determined.
Wilkinson’s legal bill for defending Lehrmann’s appeal has been estimated at more than $200,000, on top of the existing costs exceeding $1 million.
But Network Ten has signalled that it may not be willing to pick up that tab in full, and her lawyers have told the Federal Court she will “likely be liable for significant costs” irrespective of an indemnity from the broadcaster.
Ten has previously told the court it expects to spend $272,500 defending the appeal, including $120,000 on its barristers.
Wilkinson was expected to incur a further $203,500, an affidavit filed last year by Ten’s solicitor Marlia Saunders said. This included $78,500 for Wilkinson’s barristers.
Saunders said in the affidavit that Ten “does not concede that the costs … would be properly incurred by [Wilkinson] or reasonable for the purposes of the indemnity”. This does not mean Ten would not cover any costs, but there may be a dispute about some of them.
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