Bruce Lehrmann returns to court in bid to avoid paying millions in legal costs

Bruce Lehrmann has been granted an extension of time to appeal his defamation case loss, after the Federal Court found he had raped Brittany Higgins.

Bruce Lehrmann has until the end of the month to lodge an appeal against his devastating defamation suit loss to Network 10 and Lisa Wilkinson, a court has heard.

Justice Michael Lee earlier this month dismissed Lehrmann’s high-stakes lawsuit against Ms Wilkinson and Network 10 after he sued over Brittany Higgins’ comments that she was raped by a colleague inside Parliament House.

Justice Lee found - on the balance of probabilities - that Lehrmann had raped Ms Higgins inside Senator Linda Reynolds’ office in March 2019.

Lehmann’s lawyer David Helvadjian on Wednesday successfully applied for an extension of time to lodge an appeal.

Ordinarily parties have 28 days to lodge a notice of appeal against a finding - meaning Lehrmann’s deadline to appeal was due to expire on May 13.

Mr Helvadjian on Wednesday applied for that time frame to be pushed out until May 31.

He said that a new senior counsel had been briefed in the matter and that Lehrmann was seeking advice on the prospects of success.

“As your honour knows, the transcript is very long and there’s over 1000 exhibits or more,” Mr Helvadjian said.

The extension was granted by Justice Lee after Network 10’s and Ms Wilkinson’s legal teams did not oppose it.

Lisa Wilkinson with her barrister Sue Chrysanthou Picture: NCA NewsWire / Monique Harmer

COSTS

The matter returned to court on Wednesday to decide how much of Ms Wilkinson’s and Ten’s legal costs should be paid by Lehrmann after he lost.

Ten’s barrister Dr Matt Collins told the court on Wednesday that Lehrmann’s claim at trial, that he did not have sex with Ms Higgins, should be taken into account in any costs order.

In his written submissions, Dr Collins accused Lehrmann of having “engaged in an abuse of the court’s processes” and running a case based on “falsities”.

Dr Collins said that had Lehrmann told the court there was sexual contact with Ms Higgins inside Parliament, it would have shortened the trial.

Justice Michael Lee told the court late on Wednesday that there would be a costs order in Ten’s favour.

A referee has also been appointed to decide how much of Ms Wilkinson’s legal costs were reasonable and will be picked up by Channel 10, after her decision to hire outside counsel.

The same referee will decide how much former Spotlight producer Taylor Auerbach will be reimbursed for his legal bills.

According to an affidavit filed with the court by Mr Auerbach’s lawyers, he claimed that he incurred legal costs of $39,176 in complying with a subpoena and another $19,371 in preparing to give evidence.

Mr Auerbach appeared as a witness for Network 10 after the court granted the broadcaster leave to reopen its case earlier this year.

Justice Lee said that Mr Auerbach would not receive the full amount.

“I’ve got to tell you, it’s not going to be anything like this,” Justice Lee said.

Taylor Auerbach appeared for Ten as a witness after it reopened its case. Picture: NCA NewsWire / Nikki Short.

“MISLEADING”

Justice Lee on Wednesday criticised comments made by a lawyer representing Ten which were made outside court following Justice Lee’s judgment on April 15.

Outside court that day, Ten’s lawyer Justin Quill made a statement about Justice Lee’s findings in regards to Ms Wilkinson’s Logies speech.

At the time he said “absolutely” did “not accept” that such a speech would interfere with a jury.

The speech caused Mr Lehrmann’s criminal trial in the ACT Supreme Court to be delayed for several months.

He pleaded not guilty to one count of sexual intercourse without consent before the trial was aborted due to juror misconduct.

The Director of Public Prosecution aborted a planned re-trial due to concerns about Ms Higgins’ health.

Justice Lee labelled Mr Quill’s comments “quite misleading” in court on Wednesday.

Ten’s barrister Dr Matt Collins argued Mr Quill’s comments should not be taken into account on the matter of costs.

In his affidavit, which was published by the court on Wednesday, Mr Quill said: “I again reiterate my respect for this court, the law, his honour and the judgment delivered in this matter. I apologise unreservedly to the court and his honour for my public statements concerning the Logies speech.”

Bruce Lehrmann could be forced to pay millions of dollars for Network 10 and Lisa Wilkinson’s legal fees. Picture: NCA Newswire/Gaye Gerard.

Lisa Wilkinson, with her barrister Sue Chrysanthou (left). Picture: NCA NewsWire/Nikki Short.

REFEREE

Ten, in its written submissions on the subject of costs, said that it did not have to pick up the bill for Ms Wilkinson’s legal costs which were “unnecessarily duplicative or wasteful”.

Ten is asking the court to appoint a referee to comb through the legal bills incurred by the former The Project host to decide whether the specified costs were reasonable.

Justice Lee on Wednesday questioned whether: “She is entitled, to put it bluntly, to get a cheque from Network 10 prior to waiting to see if Mr Lehrmann comes up with any money or is placed in bankruptcy.”

The court has heard that Ms Wilkinson’s legal team had provided Ten’s lawyers with all of her invoices in a bid to settle on an amount.

FIGHT FOR LEGAL COSTS

Justice Lee dismissed the lawsuit after upholding Ten’s and Ms Wilkinson’s truth defence as he found - on the balance of probabilities - that Lehrmann had sexually assaulted Ms Higgins on a couch inside Senator Linda Reynolds’ office.

He found it more likely than not that after bringing Ms Higgins back to Parliament House, Lehrmann was “hell-bent on having sex” with her.

“In his pursuit of gratification, he did not care one way or another whether Ms Higgins understood or agreed to what was going on,” Justice Lee said in his judgment.

Network 10 and Ms Wilkinson have asked for Lehrmann to pay all of their legal costs, in submissions made to the court.

“Mr Lehrmann brought this proceeding on a deliberately wicked and calculated basis,” Network 10’s barrister Dr Matt Collins said in his written submissions.

“He put Network Ten to the cost of defending this proceeding, which can be, with the benefit of hindsight, described as a clear abuse of process aimed at concealing the truth that Mr Lehrmann raped Ms Higgins.”

Bruce Lehrmann and Brittany Higgins entering Parliament. Picture: NCA NewsWire.

Brittany Higgins appeared as Ten’s star witness. Picture: NCA NewsWire/Jeremy Piper.

Ms Wilkinson’s barrister Sue Chrysanthou argued that Lehrmann should be ordered to pay for the costs of the proceeding given their truth defence was made out.

“The court has found that the applicant engaged in highly disreputable conduct connected with this proceeding,” Ms Chrysanthou wrote.

“The applicant has given false evidence and lied to this court on repeated occasions on issues material to the proceeding … This conduct, of itself, weighs against the applicant on the question of costs.”

Lehrmann’s lawyer David Helvadjian said that given Network 10’s qualified privilege defence failed it was open to the court to make a “more nuanced cost order than is usual”.

He argued that under such an order, Lehrmann would only be liable for a portion of Ten’s and Ms Wilkinson’s costs.

“In all the circumstances it may be an appropriate exercise of this court’s discretion to recognise the ‘success’ the respondents have enjoyed but, due to their failure with respect to the qualified privilege defences, temper that success by ordering that the applicant pay only a proportion of the respondents’ costs on the ordinary basis,” Mr Helvadjian said in his submissions to the court.

Originally published as Bruce Lehrmann returns to court in bid to avoid paying millions in legal costs