Bruce Lehrmann's Defamation Case Against Network Ten and Lisa Wilkinson Focuses on Costs in Federal Court

The Federal Court in Sydney is considering the costs in Bruce Lehrmann's failed defamation case against Network Ten and journalist Lisa Wilkinson. Lehrmann sued the network and Wilkinson over a February 2021 report on The Project, which he claimed ruined his reputation by falsely accusing him of raping Brittany Higgins in a Parliament House office. However, the court found that Lehrmann did, in fact, rape Ms. Higgins and later lied about it.

Ten's lawyers have described Lehrmann's pursuit of the claim as 'deliberately wicked and calculated,' arguing that he engaged in an abuse of the court's processes and ran a case based on 'positive falsities.' Lehrmann's lawyer, on the other hand, contends that he acted reasonably in bringing the lawsuit to vindicate his reputation.

The court is hearing submissions on how much Lehrmann should be forced to pay, with Ten arguing that his conduct was so bad that he should be hit with indemnity costs, forcing him to pay the entirety of their legal bill, estimated between $5-6 million. The case has also involved a 'walk away' settlement offer made by Ten, which Lehrmann is said to have unreasonably rejected.

Justice Michael Lee has criticized Network Ten for making misleading comments outside the court, suggesting it had been vindicated by the finding that Brittany Higgins was raped, without acknowledging his significant criticisms of the program. The judge also questioned whether journalist Lisa Wilkinson should have to pursue Lehrmann first before seeking costs from Ten.

Why this matters: The outcome of this high-profile case could have significant implications for how defamation lawsuits are handled in Australia, particularly in cases involving allegations of sexual assault. It also highlights the potential financial risks for individuals who bring defamation claims against media organizations.

Lehrmann could, face, major bankruptcy if he is ordered to pay the substantial legal costs and is unable to do so. Ten has hinted at the possibility of further legal action to uncover any secret backers who may have paid his legal bills. Lehrmann has until May 13 to file an appeal, but it is unclear if he has the funds to do so. The combined costs of the trial are estimated at $10 million.

Key Takeaways

• Court considering costs in Lehrmann's failed defamation case against Network Ten.
• Ten argues Lehrmann's conduct was 'deliberately wicked' and he abused court processes.
• Court may order Lehrmann to pay Ten's full legal bill, estimated at $5-6 million.
• Lehrmann could face bankruptcy if ordered to pay substantial legal costs.
• Case has significant implications for defamation lawsuits involving sexual assault allegations.