Lehrmann costs fight returns to court as Ten seeks financial documents

1 week ago 12

Click present to ticker the proceeding unrecorded from 10.15am (AEST)

Lawyers for Bruce Lehrmann, Network Ten and Lisa Wilkinson volition instrumentality to tribunal connected Wednesday amid a combat implicit who volition wage for the ineligible costs of the erstwhile Liberal staffer’s failed defamation suit.

The combined costs of the Federal Court defamation proceedings against Ten and Wilkinson are estimated to apical $10 million. Ten is present seeking entree to documents revealing if Lehrmann had fiscal backers, and the tribunal is expected to woody with a announcement to nutrient issued to the erstwhile staffer.

Bruce Lehrmann connected April 15 aft losing his Federal Court defamation suit.

Lehrmann has until May 31 to record immoderate announcement of entreaty against Justice Michael Lee’s determination connected April 15 to disregard his suit implicit an interrogation with Lehrmann’s erstwhile workfellow Brittany Higgins, broadcast connected Ten’s The Project connected February 15, 2021, and helmed by Wilkinson. He had claimed the study defamed him by suggesting helium was blameworthy of intersexual assault.

Lee recovered Ten and Wilkinson had proven to the civilian modular – connected the equilibrium of probabilities – that Lehrmann raped Higgins successful Parliament House successful March 2019 erstwhile they were moving arsenic staffers to Liberal legislator Linda Reynolds, who was past the defence manufacture minister. This is little than the transgression modular of beyond tenable doubt.

“As a effect of the inconclusive transgression trial, Mr Lehrmann remains a antheral who has not been convicted of immoderate offence, but helium has present been found, by the civilian modular of proof, to person engaged successful a large wrong,” Lee said.

“It follows Ms Higgins has been proven to beryllium a unfortunate of intersexual assault.”

Lehrmann’s ACT Supreme Court proceedings for Higgins’ intersexual battle was aborted successful 2022 owing to juror misconduct and helium did not basal proceedings for a 2nd clip owing to concerns astir Higgins’ intelligence health.

Third-party costs order

If documents sought by Ten uncover that Lehrmann did person fiscal assistance successful bringing the defamation case, it could signifier the ground of an exertion by the broadcaster that a 3rd enactment stump up immoderate of the costs of the failed lawsuit.

Seven West Media president Kerry Stokes, who bankrolled warfare seasoned Ben Roberts-Smith’s unsuccessful defamation lawsuit against Nine newspapers via a backstage company, agreed to a third-party costs bid of this benignant past year.

Nine had sought the bid connected the ground that Stokes’ institution controlled the litigation, but yet the tribunal did not person to determine that contented due to the fact that Stokes agreed to the bid without a last hearing.

Roberts-Smith has appealed against the determination dismissing his defamation case. The Full Court of the Federal Court volition present its determination astatine a aboriginal date.

Lehrmann’s fiscal incapacity

It is improbable Lehrmann has the fiscal means to conscionable immoderate costs bid directly. The tribunal has heard helium has not been employed since June 2021 and is simply a instrumentality student, and determination is simply a anticipation helium volition beryllium tipped into bankruptcy.

Ten has argued Lehrmann should beryllium ordered to wage each of its costs of the lawsuit connected an indemnity basis, which covers a higher proportionality of a costs measure than the modular order.

Lee said astatine the extremity of a proceeding connected May 1 that helium had “reached a level of restitution that determination volition beryllium a costs bid made” successful Ten’s favour, but the precise quality of the bid is not yet known. He volition present his last determination connected costs connected Friday.

If immoderate third-party costs exertion was made by Ten astatine a aboriginal date, it would beryllium dealt with successful a abstracted decision.

Start the time with a summary of the day’s astir important and absorbing stories, investigation and insights. Sign up for our Morning Edition newsletter.