10 presses for Bruce Lehrmann to pay costs

Network 10 is asking the Federal Court for all costs from August last year to be paid by Bruce Lehrmann, after a judge found the former Liberal staffer raped Brittany Higgins who was too intoxicated to consent.

10’s barrister Matt Collins KC submitted that Lehrmann was so bad in bringing the lawsuit that he should be hit with indemnity costs.

“Mr Lehrmann brought this proceeding on a deliberately wicked and calculated basis,” 10’s submission said.

“He put Network 10 to the cost of defending this proceeding, which can be, with the benefit of hindsight, described as a clear abuse of process aimed at concealing the truth that Mr Lehrmann raped Ms Higgins.”

Documents also revealed a “walk away” offer was made on August 31 2023.

The terms of the offer were that: (a) the proceeding be dismissed without any admission of liability, and (b) there be no order as to costs.

Despite 10 giving Mr Lehrmann until September 15 2023 to consider the offer, he rejected it “less than two hours after it was made.”

Mr Lehrmann’s submission states he “did not accept that offer” because it did not afford him an “opportunity for vindication”.

Mr Lehrmann’s submission also requests compensation, stating Network 10 embarked on a qualified privilege defence which was “bound to fail”.

“It was their case that they had acted reasonably in publishing The Project broadcast,” the submission states.

“In short, none of the qualified privilege defences were successful.

“Given this court’s findings as to the failure of those defences and the fundamental missteps taken by the respondents in publishing The Project broadcast it is open to this court to conclude that the applicant should be compensated for the time and expense in having to establish that the qualified privilege defences were bound to fail.”

Lehrmann’s legal team proposed an appropriate exercise of the court’s discretion on costs.

Meanwhile, in their submission, Ms Wilkinson’s lawyer agreed with Network 10, submitting to the court that Mr Lehrmann “should be ordered to pay Ms Wilkinson’s costs of the proceedings”.

10 submitted that “a referee should be appointed to inquire into and prepare a report to the court as to whether specified costs were reasonably incurred [by Wilkinson] and hence within the scope” of an indemnity, under which 10 would cover costs “properly incurred and reasonable in amount”.

10 noted that if Lehrmann “is unable to satisfy an order for costs made against him, and Ms Wilkinson is unable to recover her costs from Mr Lehrmann, Network 10 will have some residual liability to reimburse Ms Wilkinson for part of her costs incurred in defending the proceeding”.

It is unlikely Lehrmann has the financial means to meet any costs order.

The combined costs of the proceedings have been estimated at $10 million.

The parties return to court on May 1 for a costs hearing.

Rape and Domestic Violence Services Australia.
Lifeline 13 11 14
Beyond Blue 1300 22 46 36

Source: ABC, Sydney Morning Herald.