Bruce Lehrmann vs Network 10: How Lisa Wilkinson ran up her $1.8m legal bill

Near $400 phone calls, $8000 a day for one of Australia’s top defamation silks, and $102 courthouse lunches. Wilkinson’s legal fees have been laid bare in 350 pages of itemised – but heavily redacted – invoices.

Lisa Wilkinson and her silk, Sue Chrysanthou SC.

Near $400 phone calls, $8000 a day for one of Australia’s top defamation silks, and $102 courthouse lunches.

Lisa Wilkinson’s legal fees to defend the defamation case brought by former Liberal staffer Bruce Lehrmann have been laid bare in 350 pages of itemised - but heavily redacted - invoices released by the Federal Court on Thursday.

Wilkinson is attempting to claim $1.8 million from her employer, Network 10, after the veteran television presenter hired separate legal counsel to represent her in the mammoth legal battle.

The long-awaited judgment of the matter was handed down last month, finding Ten and Wilkinson successfully made out their truth defence and proved, on the balance of probabilities, that Mr Lehrmann raped Brittany Higgins in the office of Liberal senator Linda Reynolds.

However, Federal Court judge Michael Lee found the network failed to make out its qualified privilege defence and acted unreasonably in its treatment of Mr Lehrmann when airing an interview on The Project with Ms Higgins, in which she detailed her rape allegations but did not name Mr Lehrmann as her attacker.

Justice Lee earlier this month ordered Mr Lehrmann to pay Ten and Wilkinson’s costs on an indemnity basis – covering about 90 per cent of its legal bill – in relation to its successful truth defence. In relation to the failed qualified privilege defence, he instructed Mr Lehrmann to pay the broadcasters on an ordinary basis – about 70 per cent of its legal bill.

Former Liberal staffer Bruce Lehrmann.

Wilkinson and Ten’s billing dispute

The dispute over costs between Wilkinson and Ten arose after the presenter elected to hire separate representation for the defamation case.

After a successful cross-claim by Wilkinson, Ten earlier this year agreed to pay “reasonable” costs for her team, led by top defamation silk Sue Chrysanthou SC, but says that The Project host should be liable for any “duplicative or wasteful” work by her legal team.

With the jobless Mr Lehrmann unlikely to be able to foot even a fraction of the estimated $10m cost of the case, Ten wants its former star presenter to pay for all aspects of the case where it wasn’t necessary for her to have separate representation.

New invoices released

Documents dropped by the Federal Court on Friday reveal Ms Chrysanthou charged Wilkinson $8000 per day to appear in court, along with $800 per hour for preparation, conferences, other attendances, advices and travelling time.

The Australian understands Ten’s barrister, Matthew Collins KC, charges around $11,000 a day.

“Time will be charged on the basis of 6 minute units and rounded up or down to the nearest unit,” a letter from Ms Chrysanthou to Wilkinson’s solicitor, Anthony Jefferies, from February last year reads.

Ms Chrysanthou said for short court appearances, she would charge a “minimum appearance fee” of $800.

“You must pay me the cost of any travel, accommodation and incidental expenses in connection with any attendance outside Sydney,” Ms Chrysanthou wrote.

The Australian understands Wilkinson’s lawyers travelled to Toowoomba, Queensland for Mr Lehrmann’s rape case. The Toowoomba matter has not been committed to trial, and Mr Lehrmann has indicated he will plead not guilty.

Ms Chrysanthou’s junior, Barry Dean, charged $350 an hour for all time properly spent, including “waiting time at court and travelling time to visit outside the Sydney CBD on the matter, with items or daily totals rounded up or down to the nearest quarter hour.”

He charged $3500 per day for appearance at trial, according to a letter he wrote to Mr Jefferies on February 14 last year.

“These are the rates I propose to charge until 31 December 2023,” he said. “If the matter runs past that date, I may seek to increase my rates at that time.”

The documents reveal Mr Jefferies, a partner at Gillis Delaney Lawyers, charged $750 per hour, special counsel David Collinge charged $650 per hour and associate Nicola Sanchez charged $450 per hour.

An itemised invoice show the firm at times charged $390 for a phone call.

A tax invoice issued earlier this year shows Gillis Delaney billed Wilkinson $102 for lunch on the first day of the court hearing, and $14.50 for an Officeworks USB.

The lawyers also charged the presenter $16 for a subscription to The Australian, and three copies of the Sydney Morning Herald totalling $14.40.

Costs to be finalised

Justice Lee earlier this month ordered Mr Lehrmann to pay Ten and Wilkinson’s costs on an indemnity basis – covering about 90 per cent of its legal bill – in relation to its successful truth defence. In relation to the failed qualified privilege defence, he instructed Mr Lehrmann to pay the broadcasters on an ordinary basis – about 70 per cent of its legal bill.

The court has previously heard costs will be determined by an external referee tasking with examining the breakdown of invoices and deciding which party pays what.

At a case management hearing on Monday, Justice Lee told the court he was considering making a lump-sum costs order payable by Mr Lehrmann, saying Ten might be “throwing good money after bad” in going through the referee process.

He said he did not wish to engage in “undue speculation” but accepted there were “limited prospects of recovery” of any costs from Mr Lehrmann.

Ms Graus agreed it would be “simply premature” to send the matter to a referee.

Justice Lee ordered Wilkinson’s lawyers to file any addition material in relation to her indemnity claim by June 21.

Ten should, by the same date, serve any material they rely upon to seek a lump sum costs order, Justice Lee instructed.

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