May 10th 2024.
Bruce Lehrmann has been ordered to cover the majority of Ten's extensive legal fees following his unsuccessful defamation suit against the network. In April, the former Liberal staffer faced a major legal defeat when the Federal Court ruled that the allegations of rape made against him by Brittany Higgins were likely true. This came after Lehrmann had sued for defamation due to a report on The Project where journalist Lisa Wilkinson interviewed Higgins about the rape accusation in February 2021.
Since the court's ruling, there has been a disagreement between the parties over who should bear the costs of the lengthy and high-profile case. On Friday, Justice Michael Lee granted Ten's request for indemnity costs for most of the trial. This means that Lehrmann will be responsible for paying the network's and Wilkinson's legal fees on both an ordinary and indemnity basis, with the exception of some costs for affidavits.
During the court hearing, Justice Lee emphasized the importance of making a fair and just decision regarding the costs. He stated, "Ultimately, it comes down to what order for costs would best serve justice in this situation." After careful consideration, he ruled that Ten should be awarded indemnity costs from Lehrmann, except for those incurred in relation to the statutory qualified privilege defense.
In his explanation, Justice Lee noted that he found Lehrmann's actions to be deceitful and dishonest. He stated, "Lehrmann defended himself against the criminal charge using false information, lied to the police, and allowed that lie to continue uncorrected during the trial." He also mentioned that Lehrmann had instructed his senior counsel to cross-examine the sexual assault complainant using a false premise, not only in this case but in other legal proceedings as well.
Despite denying the allegations and not being convicted in a criminal trial, Lehrmann will still be required to pay the legal fees determined at a hearing later in May. Justice Lee also acknowledged that there are no winners in this case and criticized the focus on selective parts of his judgment by certain parties. He stated, "As expected, some have only highlighted the parts of the judgment that align with their preconceived notions."
Regarding the costs matter, the court will reconvene on May 27 for a case management hearing. Lehrmann has until May 31 to appeal the defamation case verdict. If you or someone you know needs support, the National Sexual Assault, Domestic Family Violence Counselling Service is available at 1800RESPECT.
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