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A court has tossed out an attempt by Lisa Wilkinson to have Network Ten foot the bill for a costs assessor who investigated the legal fees spent on defending Bruce Lehrmann’s defamation matter.
Late last month, following a lengthy battle over who should cover her legal fees in defending Lehrmann’s proceedings, Wilkinson and Network Ten agreed on a total indemnity sum of $1,150,000.
The sum was agreed upon after Ten had already paid her $558,584 and after the Federal Court ordered her bill be investigated by a costs assessor.
On Wednesday (19 March) afternoon, Wilkinson’s counsel, Daniel Klineberg, applied to have Ten foot the assessor’s bill, even though neither party wished to file the report with the court.
Klineberg claimed Wilkinson had been “forced to go through the reference process” after Ten made several offers that were lower than the total sum eventually arrived at by the costs assessor.
Aside from the final two offers, Klineberg said Wilkinson “rejected reasonably” all of Ten’s initial settlement offers, including the $558,584.
“It is appropriate she be paid her costs in relation to the reference … as opposed to each party pay their own costs,” Klineberg said.
Zoe Graus, appearing for Network Ten, said it “simply does not follow” that Wilkinson should be entitled to her costs.
Justice Michael Lee agreed there was “no event” that would see Wilkinson entitled to costs, including a determination either by the court or referee on which sum the journalist and presenter was entitled to”.
He also took issue with there being no counteroffer made by Wilkinson.
While the evidence disclosed Ten made “numerous attempts to compromise”, no similar attempts were made by Wilkinson.
“This was a simple dispute calling out for compromise,” he said.
By failing to engage with the settlement process by making a counteroffer, Justice Lee said, “costs continued to be incurred by both parties”.
Justice Lee rejected the submission that Ten should bear the costs of the costs assessor. He also ordered Wilkinson to pay Ten’s costs on an amount to be taxed for Wednesday’s hearing.
Back in April 2024, Justice Lee found, on the balance of probabilities, Lehrmann raped Brittany Higgins in Parliament House in 2019.
This ruling meant Lehrmann’s defamation action failed.
A criminal jury trial was abandoned due to juror misconduct, and Lehrmann has always maintained his innocence. An appeal of the defamation finding has also been lodged with the Federal Court.
In his decision, Justice Lee found Network Ten’s reporting fell short of reasonable standards because they ignored “flashing warning lights” in Higgins’ account and had a “lack of curiosity” about the investigation.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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