Journalist Lisa Wilkinson is seeking Network Ten pay more than $1.8 million to cover her legal bill following Bruce Lehrmann's failed defamation action, a court has revealed.
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"As I understand it, Ms Wilkinson seeks an indemnity in respect of $1,815,000 worth of costs inclusive of GST, give or take a few cents," the Federal Court's Justice Michael Lee said on Monday morning.
Last month, the judge found, on the civil balance of probabilities, Mr Lehrmann raped Brittany Higgins inside a Parliament House Ministerial office after a March 2019 drunken night out.
The judge has also since ordered Mr Lehrmann pay a significant majority of the legal costs Ten and Ms Wilkinson racked up successfully defending the defamation suit brought against them.
But Ms Wilkinson and Ten have been locked in a side stoush after the journalist opted to hire her own legal counsel, defamation silk Sue Chrysanthou SC, for the civil proceedings.
"It seems to me plain beyond peradventure, in all circumstances, it was reasonable for Ms Wilkinson to retain separate lawyers," the judge said at the time.
Evidence previously heard in court which led to the decision included how Ms Wilkinson felt hung out to dry by her employer following a Logies speech which delayed Mr Lehrmann's criminal trial.
Until the recent trial, Ten refused to publicly admit it had twice legally approved the controversial speech which saw Ms Wilkinson lambasted in the media.
But while Justice Lee has ordered Ten pay Ms Wilkinson's costs, the parties are yet to agree on the scope of the indemnity.
Ten and Ms Wilkinson are set to go before a referee to determine which costs were reasonably incurred.
For example, the network foreshadowed on Monday it would be disputing costs such as Ms Wilkinson having multiple legal representatives present in court during a cross-examination led by Ten.
Ten's barrister, Zoe Graus, told the court it was a matter of being able to identify costs "on a line item basis".
Michael Elliott SC, representing Ms Wilkinson, said: "There's just an ongoing reluctance to pay us anything."
Justice Lee said he hoped disputed costs could be flagged ahead of time for ease.
Mr Lehrmann, who has always denied raping his former Liberal staffer colleague and against whom no criminal findings have been made, has indicated his intention to appeal Justice Lee's judgment.
He must launch appeal proceedings by the end of the month.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; beyondblue 1300 224 636; Canberra Rape Crisis Centre 6247 2525.
Tim Piccione
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
