‘No evidence’ Lisa Wilkinson can’t pay legal fees in Bruce Lehrmann defamation case

Network 10 says there is “no evidence” its star television presenter Lisa Wilkinson is unable to foot the legal costs so far incurred throughout a defamation suit brought by former Liberal staffer Bruce Lehrmann.

Lisa Wilkinson poses at the Logies.

Network 10 says there is “no evidence” its star television presenter Lisa Wilkinson is unable to foot the legal costs so far incurred throughout a defamation suit brought by former Liberal staffer Bruce Lehrmann, as Wilkinson pushes her employer to immediately pay more than $700,000 in legal fees.

The former host of The Project, who is still on Network 10’s payroll despite having left the show nearly one year ago, is suing the network over claims it backed out of an agreement to cover her legal costs in the defamation proceedings brought by Mr Lehrmann.

Mr Lehrmann is suing Network 10 and Wilkinson over an interview she conducted with Brittany Higgins that aired on The Project in 2021, detailing accusations Mr Lehrmann had raped Ms Higgins in Parliament House, but not naming his as the alleged attacker.

Wilkinson hired top defamation barrister Sue Chrysanthou SC and Gillis Delaney Lawyers partner Anthony Jefferies in February to defend her against Mr Lehrmann’s defamation action, and in doing so, she opted out of using Thomson Geer – a law firm Network 10 has on retainer.

Lisa Wilkinson and Brittany Higgins.

In a suit filed to the NSW Supreme Court, Wilkinson claims Network 10 is unlawfully refusing to pay two invoices - one for $353,538.88 in May, the second for $370,017.00 in September - to cover Ms Chrysanthou and Mr Jefferies’ legal fees to date.

While Network 10 agreed it would be unlawful not to pay the legal bill, the court on Friday heard parties are locked in a disagreement over when the fees should be paid.

Wilkinson says the network should pay the costs as they are incurred, however Network 10 says the costs should be paid in a lump sum payment when the matter is resolved.

Wilkinson’s barrister Daniel Klineberg submitted it could take “months or years“ for Lehrmann‘s defamation proceedings to conclude, which could result in huge intermittent costs for Wilkinson.

Therefore, he said, the indemnity matter should be heard “as soon as possible” and Network 10 should pay Wilkinson‘s costs throughout the defamation proceedings.

However, Network 10’s barrister Zoe Graus told the court that while she agreed the main issue was to the timing of payments of costs, “we don’t agree that it is as narrow and simple as my learned friend puts it.”

Ms Graus said there was “no evidence” Wilkinson could not pay the costs up until the matter is resolved.

“On the question of expedition, there is no evidence that Ms Wilkinson can not pay her costs in the Federal Court and there is no evidence that the costs incurred to date have in fact been paid or incurred, there is simply evidence of the bills received” she said.

“In the circumstances ... we think it reasonable for our clients to have at least two weeks to provide a commercial list response, seek proper instruction, and then bring this matter before the court for these remaining issues to be further ventilated, once your Honour has the benefit of those pleadings before you.”

Lisa Wilkinson announces her resignation from The Project.

Whether or not Wilkinson’s legal bills were “properly” incurred will also be raised during the hearing.

The court also heard Network 10 may seek to have the matter moved to the Federal Court where the defamation matter is being heard, after Justice Michael Lee, who is presiding over the Lehrmann matter, last month criticised Wilkinson’s legal team’s decision to conduct the new proceedings in a separate court, rather than raising a cross-claim before him.

“As is the case of countless cases that I’ve been involved, these issues are raised by way of cross-claim in these proceedings,” he said.

“That happens every day, with disputes concerning insurance. I just do not understand why – unless there’s some misapprehension about the way in which federal jurisdiction operates – I’m not sure why the decision was made to commence a proceeding in another court.”

Justice Michael Bell stood the indemnity matter over until November 17.

The defamation trial will begin on November 22.