Bruce Lehrmann’s lawyers agreement in Ten, Wilkinson defamation case revealed

The former Lib staffer agreed with his lawyers they wouldn’t be paid unless he was successful in his defamation take-down of Ten and Lisa Wilkinson, the Federal Court has heard.

Bruce Lehrmann’s lawyers were operating on a ‘no win, no fee’ basis, the court has heard.

Bruce Lehrmann’s agreement that his lawyers would not be paid unless he was successful in his defamation take-down of Network 10 and presenter Lisa Wilkinson has been laid bare in court, as Ten continues to pursue the former Liberal staffer to pay their legal bills.

The Federal Court on Wednesday morning also heard Mr Lehrmann did not have a third party donor willing to pay his legal fees, which are rumoured to be in the millions of dollars.

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

However, 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.

Justice Lee is due to deliver judgment on costs on Friday afternoon, having indicated he will make an order in favour of Ten and Wilkinson. This could see Mr Lehrmann forced to foot the bill for the broadcaster’s legal fees, the total of which are reportedly more than $5m.

In a case management hearing on Wednesday, Ten requested access to documents between Mr Lehrmann and his legal team regarding any costs agreements, account statements and invoices.

Lehrmann’s lawyers David Helvadjian, Matthew Richardson and Paul Svilans. Picture: Gaye Gerard

Mr Lehrmann’s solicitor Paul Svilans, appearing alone in court, handed up a document showing he and his team were operating on a ‘no-win, no-fee’ basis.

“So it was a conditional cost agreement whereby there is no obligation to pay the amount of costs in the event that the proceedings were unsuccessful?” Justice Lee asked, having read the document.

Mr Svilans replied: “Yes, Your Honour.”

Ten also called on Mr Lehrmann to produce “any agreement by a third party to pay” his costs.

But Mr Svilans said there was no agreement of such. “There is only a cost agreement between my firm and the applicant,” he said. “That agreement makes no reference to any third party.”

Last week Justice Lee said he had reached “a level of satisfaction” that there will be a costs order made in favour of Ten, despite concerns about the conduct of the network’s lawyers in the wake of the proceedings.

A referee has been appointed to decide how much of Wilkinson’s legal costs were reasonable and will be picked up by Ten, ­following her decision to hire outside counsel.

Justice Lee has also granted Mr Lehrmann an extension until May 31 to file an appeal against the judgment, considering the lengthy material associated with the case.

Mr Lehrmann, who is currently unemployed, has hired appeals silk Guy Reynolds SC to lead his team. He is seeking financial assistance from international and local donors to help with costs incurred from the appeal.

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