May 8th 2024.
The law firm representing Bruce Lehrmann in his unsuccessful defamation lawsuit has agreed to a "no win, no fee" deal with Lehrmann, the alleged rapist. This means that they will not be seeking any payment for their services in the lengthy court case. A recent Federal Court hearing revealed that Lehrmann had no financial backers or third-party support in his attempt to sue Network Ten and journalist Lisa Wilkinson for defamation.
Lehrmann's claim stemmed from an interview that Wilkinson conducted with Brittany Higgins in 2021, where allegations were made that Higgins was raped in Parliament House in 2019 after a night out. However, in April, Justice Michael Lee ruled in favor of Ten and Wilkinson, stating that Lehrmann was most likely the one who had raped Higgins and that their defense of the truth was valid.
As a decision on how much of Ten and Wilkinson's legal costs Lehrmann will be responsible for draws near, lawyers from Mark O'Brien Legal came forward with a statement, revealing the financial arrangements between Lehrmann and the firm. It was disclosed that Lehrmann had a conditional costs agreement, meaning that he would not have to pay anything if the case was unsuccessful. Furthermore, there was no third party involved in this agreement.
Justice Lee is expected to deliver his decision on costs on Friday, and the hearing will be live-streamed due to the public interest in the case. He expressed his desire to make this the final judgment in relation to this matter. However, he did allow Ten some time to respond to the new information provided by Lehrmann's lawyers before proceeding with the hearing.
Acknowledging that the lawyers representing Lehrmann were not being paid for their time in court, Justice Lee excused them from appearing if they did not wish to do so. He had previously stated that Lehrmann would likely have to pay at least some of Ten's legal costs due to his "disgraceful" conduct throughout the litigation process.
In line with a previous court ruling, Ten will be responsible for the legal costs incurred by Wilkinson for retaining her own legal representation. This cost can also be claimed from Lehrmann. Both Ten and Wilkinson had hired highly sought-after lawyers, which could result in Lehrmann having to repay millions of dollars in legal costs.
In submissions made public last month, Ten's lawyer, Matt Collins KC, described Lehrmann's pursuit of the defamation claim as "deliberately wicked and calculated." He also accused Lehrmann of abusing the court's processes and running a case based on false information. The trial for Lehrmann's rape case in the ACT Supreme Court was ultimately aborted due to juror misconduct and was later dropped by prosecutors due to concerns for Higgins' mental health. Lehrmann has maintained his innocence, denying any sexual contact with Higgins.
For those who have experienced sexual assault or domestic violence, support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT.
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