Network Ten pushes Lisa Wilkinson fees dispute to Federal Court

The network will attempt to transfer its dispute over the television personality’s legal costs in her defamation battle with former Liberal staffer Bruce Lehrmann.

Lisa Wilkinson wins the Logie for Most Outstanding News Coverage or Public Affairs Report for her interview with former Liberal staffer Brittany Higgins.

Network 10 will strongly contest the “reasonableness” of costs accrued by Lisa Wilkinson’s highly paid legal team during a mammoth defamation battle with former Liberal staffer Bruce Lehrmann, as the broadcaster turns on the television personality in a bitter battle over who should pay her legal fees.

The NSW Supreme Court on Friday heard the network will attempt to transfer its dispute over Wilkinson’s legal costs to the Federal Court, claiming it was “not reasonable” for the television personality to engage separate legal representation in the defamation proceedings.

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 in the NSW Supreme Court over claims it backed out of an agreement to cover her legal costs in the defamation proceedings brought in the Federal Court 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.

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.

Lisa Wilkinson announces her resignation from The Project. Picture Supplied

Network Ten barrister Zoe Graus on Friday told the Supreme Court it was “not reasonable” for Wilkinson “to engage separate legal representation in the Federal Court proceedings.”

“There will inevitably be a strong contest as to the reasonableness of any costs that have been incurred to date on the basis that separate legal representation was not required,” she said.

The court also heard the network planned to file a cross-vesting application which sees proceedings heard in a state court be moved to a Commonwealth court. In this case, the network will apply to have the proceedings moved to be heard in front of Justice Michael Lee in the Federal Court.

“The other issue I’d like to raise Your Honour, is you may be aware that on Tuesday … my client filed an application to cross vest this proceeding,” Ms Graus said.

“There was some confusion between the parties as to whether that motion was to be heard today or not, but we understood from the communications between the parties and the associate yesterday that that is listed for next Friday.”

The application comes after Justice Lee 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 last month. “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.”

Wilkinson’s barrister Daniel Klineberg on Friday raised a “separate question” to interrogate the timings of when Wilkinson’s legal fees should be paid, citing the “practical effect” the incurred legal costs are currently having on Wilkinson.

The cross-vesting matter will be heard on November 24.