Lehrmann granted time extension to launch defamation judgment appeal

Justice Michael Lee granted the extension on Wednesday afternoon during a Federal Court costs hearing.

"I am instructed to seek an extension of time to lodge a notice to appeal on the basis that new senior counsel has been briefed to provide advice on prospects," barrister David Helvadjian, representing Mr Lehrmann, said.

"And as your honour knows, the transcript is very long and there's over 1000 exhibits I think or more."

Justice Lee found, on the civil balance of probabilities, Mr Lehrmann raped Brittany Higgins inside Parliament House in March 2019.

In doing so after a month-long trial, the judge handed Mr Lehrmann a devastating defeat in his defamation action against the journalists who reported the allegation.

But while Network Ten and journalist Lisa Wilkinson won the suit on a substantial truth defence, they were also found to have failed on qualified privilege.

They, the judge found, acted unreasonably in putting together The Project broadcast at the centre of proceedings.

Mr Lehrmann would normally have four weeks from the judgment to launch an appeal against the findings but, without opposition, he will now have nearly seven weeks.

"Any senior counsel briefed wishes to be very thorough as to any advice," Mr Helvadjian said.

Parties reconvened on Wednesday to make submissions about who will fork out for the millions of dollars in legal costs racked up over the past year.

Justice Lee reserved his decision on costs but said "it'll be relatively prompt".

"I have reached a level of satisfaction that there will be a costs order made in favour of your client," the judge told barrister Matthew Collins KC, representing Ten.

Ten is claiming Mr Lehrmann should cover all its legal costs because he brought forward action against the network "on a deliberately wicked and calculated basis" and rejected a "walk away" offer.

The television network is also arguing it should not have to pay all of Ms Wilkinson's separate legal fees after it lost a side-battle with the veteran journalist to cover her for reasonable costs.

Ten has said it should not pay for unreasonably duplicated work.

Finally, Mr Lehrmann has asked the court to take a "more nuanced" approach to the costs order than it usually might after the findings made against Ten's conduct.

Lawyers for Ms Wilkinson will provide Ten with any invoices they say are relevant and need covering. The parties are set to go before a referee to determine the quantum of costs.

The possibility that Mr Lehrmann will be forced into bankruptcy by cost orders made against him was also briefly raised.

Justice Lee also took particular aim at Ten's "post-judgment" conduct.

Specifically, at comments made by one of the solicitors representing the network, Thomson Geer partner Justin Quill, following the defamation judgment.

Mr Quill, who was sitting in the public gallery on Wednesday, told a press pack outside court that Ten had been vindicated by the judgment but also criticised findings about Ten's reasonableness.

"I don't consider my examination of the respondents' conduct to be devoid or divorced of reality," Justice Lee said.

"Nor did it involve picking apart and dissecting the respondents' conduct by reference to some sort of standard of perfection."

The judge also took aim at Ten for "[thinking] it was appropriate to go around and effectively say it had been vindicated in relation to all aspects of its conduct".

"That was quite misleading," Justice Lee said.

"I made it perfectly plain that what occurred in this case was that the respondents fell well short of a standard of reasonableness, in the credulous way they went about reporting these allegations."

Dr Collins told the court the comments made following the judgment were not the network's considered view or made under legal advice.

MORE DEFAMATION TRIAL COVERAGE:

Mr Lehrmann's ACT criminal trial was aborted in 2022 over juror misconduct. The charge of sexual assault without consent levelled at him was eventually dropped.

He will now need to begin appeal proceedings by May 31.