A Federal Court judge has questioned Lisa Wilkinson’s legal team for causing complications in Bruce Lehrmann’s defamation trial by launching a costs claim against her former employer Network 10.
Ms Wilkinson commenced the new lawsuit in a different court with completely separate legal teams, claiming the network backed out of an agreement to pay her legal costs in the defamation suit brought by Mr Lehrmann.
According to documents filed in the NSW Supreme Court, the broadcaster is refusing to pay two invoices totalling $723,000 in legal fees after Ms Wilkinson hired high-profile defamation silk Sue Chrysanthou SC and Gillis Delaney Lawyers partner Anthony Jefferies earlier this year, instead of opting to use Network 10’s retained law firm Thomson Geer.
Ms Wilkinson alleges Network 10 twice accepted it was liable to indemnify the TV star even if she was “independently represented”.
In a statement, Network 10 said: “The lawyers engaged by Lisa Wilkinson have issued invoices for a very substantial amount of money, in excess of $700,000, and in good governance these need to be justified through due process.
“In the meantime, Network 10’s focus is on defending the defamation claim brought by Bruce Lehrmann.”
The 63-year-old television presenter quit Channel 10’s The Project in November 2022 after she made claims she was subject to “targeted toxicity”.
During a pre-trial hearing on Tuesday, Federal Court Justice Michael Lee questioned why the costs dispute had been lodged in a separate court rather than to him, as it could complicate the trial.
“The possibility of undue complication by having aspects of this judicial controversy bifurcated over two courts … I am going to have to make costs orders in these proceedings one way or the other,” he told the court.
He said he didn’t understand why Ms Wilkinson filed the claim in a different court, saying he deals with disputes of that nature daily and said it would have been “far more efficient” for him to hear the cross-claim.
Justice Lee said it would reduce complications in the determination of costs in the defamation matter if it were put before him.
“I just do not understand why, unless there is some misapprehension about the way federal jurisdiction operates, I’m not sure why a decision was made to commence a proceeding in another court,” he said.
Sue Chrysanthou SC, who is representing Ms Wilkinson in the defamation matter, told the court neither her legal team in this matter or the legal team retained by Network 10 were involved in the Supreme Court lawsuit.
She submitted the costs dispute could potentially complicate her position if it were to be heard in the Federal Court.
“We think that removing that issue from these proceedings will ensure that the respondents proper conduct of the defence, which is a cooperative approach from our perspective,” Ms Chrysanthou said.
“We would prefer not to be distracted by that dispute between our clients having regard to the issues in the case before your honour.”
Mr Lehrmann launched defamation action in March against Network 10 and journalist Lisa Wilkinson over the 2021 coverage of Ms Higgins’ rape allegation against him.
He later also launched proceedings against the ABC over the live broadcast of a National Press Club address by Ms Higgins.
While he was not named in the report or Ms Higgins’ speech, Mr Lehrmann claims he was still identified by the media companies and has alleged there were four defamatory meanings in their publication implying he raped Ms Higgins at Parliament House in March 2019.
He has strongly denied all allegations.
Ms Wilkinson’s costs claim will be in court for the first time on November 4, while the defamation trial is set to begin on November 24 and run for about four weeks.
Mr Lehrmann’s Supreme Court trial in the ACT last year was aborted due to juror misconduct. He had pleaded not guilty to a single charge of sexually assaulting Ms Higgins.
The charges were subsequently dropped by the ACT Director of Public Prosecutions, who declined to pursue a retrial over concerns about Ms Higgins’ mental health.
Mr Lehrmann has continued to deny the allegations and no finding has ever been made against him.