Lisa Wilkinson’s legal bill for defending Bruce Lehrmann’s appeal against his devastating defamation loss has been estimated at more than $200,000, court documents reveal, on top of existing costs exceeding $1 million.
But Network Ten has signalled that it may not be willing to pick up the tab in full, and her lawyers have told the Federal Court she will “likely be liable for significant costs” irrespective of an indemnity from the broadcaster.
Lisa Wilkinson and Bruce LehrmannCredit: Michaela Pollock
Lehrmann is seeking to overturn a damning decision by Federal Court Justice Michael Lee, who dismissed the former Liberal staffer’s defamation case against Wilkinson and Network Ten over an interview with his former colleague Brittany Higgins, aired on The Project in 2021.
Lee found on the balance of probabilities that Lehrmann had raped Higgins in Parliament House in 2019.
Ten has asked the Federal Court to order Lehrmann to pay $200,000 in security for costs as the price of continuing his appeal. Wilkinson supported the application. This sum would cover some of his opponents’ legal bills in the event he loses the appeal and is ordered to pay their costs.
However, Lehrmann’s lawyer, Zali Burrows, has said her client does not have the financial means to meet such an order, and it would effectively bring the proceedings to a halt. Justice Wendy Abraham will deliver her decision on the security application at a later date.
Ten will pay some of Wilkinson’s legal bills under an indemnity covering costs “properly incurred and reasonable in amount”. But there is a difference in opinion between the network and the veteran journalist about what that means.
Court documents filed in support of the application for security for costs, released by the court on Thursday, reveal Ten expects to spend $272,500 defending any appeal, including $120,000 on its barristers, led by Melbourne silk Matt Collins, KC.
Wilkinson, who opted to brief a separate legal team headed by Sydney barrister Sue Chrysanthou, SC, was expected to incur a further $203,500 in legal costs, an affidavit filed by Ten’s solicitor Marlia Saunders says. This included $78,500 for Wilkinson’s senior and junior barristers.
Saunders says in the affidavit that Ten “does not concede that the costs … would be properly incurred by [Wilkinson] or reasonable for the purposes of the indemnity”. This is not an indication that Ten would not cover any of those estimated costs, but that there may be a dispute about some of them.
Ten has already paid Wilkinson $558,548 to cover some of her legal costs of the trial. This is substantially less than the $1.8 million she had originally sought.
However, Wilkinson’s legal costs will also be examined by a referee, which may result in an additional sum being paid or Wilkinson repaying the difference. The referee is expected to provide a report to Lee by December 2.
Burrows, who is acting for Lehrmann in the appeal, said in an affidavit filed in court that her client had become a “social pariah” since Ten’s broadcast. He was not named by the program but was identified six months later when he was charged with one count of sexual assault.
Burrows has argued there is a “significant public interest” in Lehrmann having the opportunity to clear his name and pointed to a series of unflattering news reports and social media posts. One of the screenshots annexed to the affidavit was a post by satirical website The Shovel.
Lehrmann’s ACT Supreme Court trial was aborted in 2022 due to juror misconduct and he did not face a second trial owing to concerns over Higgins’ mental health. He has always maintained his innocence.
A post by satirical news site The Shovel, included in an affidavit filed in court by Bruce Lehrmann’s solicitor, Zali Burrows.Credit: Federal Court of Australia
Lehrmann is seeking to argue as part of his appeal that Lee’s assessment that he would only have been entitled to $20,000 if he had won the defamation case was “wholly inadequate”.
Burrows said in submissions filed in court that Lehrmann “should be awarded either a seven-figure sum or at least hundreds of thousands of dollars”.
Damages for non-economic loss in defamation cases are capped at less than $500,000. The figure is adjusted annually and increased to $478,500 on July 1.
Other types of damages, including aggravated damages and damages for proven economic loss, may be awarded on top. But Lehrmann has not sought damages for economic loss.
The Morning Edition newsletter is our guide to the day’s most important and interesting stories, analysis and insights. Sign up here.