May 27th 2024.
According to a recent ruling by Justice Michael Lee, Ten is facing a challenging situation in trying to recoup the millions of dollars spent on legal fees to defend a defamation case brought against them by Bruce Lehrmann. Lehrmann, a former Liberal staffer, had filed a lawsuit against the network and journalist Lisa Wilkinson after they reported on his alleged rape of Brittany Higgins in a parliament house office five years prior. Justice Lee found the reports to be true based on the balance of probabilities, resulting in Lehrmann's case being thrown out in April.
In May, Justice Lee ordered Lehrmann to pay the legal fees of Network Ten and Lisa Wilkinson on an indemnity basis, which is a higher rate than the usual costs allowed in such cases. These costs typically range from 50 to 60 percent of a party's bill. The judge noted that Lehrmann had defended the criminal charge of rape by lying to the police and then allowing that lie to go uncorrected before the jury. During a brief hearing, it was revealed that Lisa Wilkinson had spent over $1.8 million defending the case.
There was a discussion during the hearing regarding whether Wilkinson's costs should be sent to a referee for assessment. This would determine the reasonableness of her expenses and how much Ten, as her employer, should cover. It would also include the amount Lehrmann would have to pay for both Network Ten's and Wilkinson's costs. However, Justice Lee questioned the worth of this process, considering Lehrmann's limited ability to pay the multimillion-dollar legal bill. He expressed concern about wasting money and resources on a futile exercise.
It was revealed that Lehrmann had no financial backing and his lawyers had agreed to work without payment if he lost the case. However, there is still an ongoing dispute between Ten and Wilkinson regarding the amount of money owed. Wilkinson's barrister, Michael Elliott SC, stated that there should be a reasonable sum recognized as payable, but there is a reluctance from Ten to pay anything. Ten's barrister, Zoe Graus, mentioned that the network does not dispute having to pay some of Wilkinson's legal expenses but is having trouble identifying which specific charges they should cover.
Lehrmann had filed the lawsuit against Ten and Wilkinson after a report on The Project in February 2021, where Brittany Higgins was interviewed about the alleged rape in March 2019. He has until May 31 to appeal the defamation case finding. The case will return to court on June 27, where Ten will inform the court of the amount of money they believe Lehrmann should pay.
In light of this legal battle, it is essential to provide resources for those who have experienced domestic violence or sexual abuse. The National Domestic Violence Service can be reached at 1800 RESPECT, and the National Sexual Abuse and Redress Support Service can be reached at 1800 211 028.
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