Bruce Lehrmann has agreed to pay the columnist and author Peter FitzSimons’ costs for complying with a subpoena during Lehrmann’s failed defamation proceedings against Network Ten and former Project presenter Lisa Wilkinson.
Lehrmann lost his defamation case against Network Ten and Wilkinson in the federal court earlier this month. Justice Michael Lee found on the balance of probabilities that Lehrmann raped Brittany Higgins on a minister’s couch in Parliament House in 2019. Lehrmann has consistently denied the allegation and pleaded not guilty at the criminal trial into the matter which was aborted due to juror misconduct.
As part of the defamation proceedings, FitzSimons, who is Wilkinson’s husband, was issued with a subpoena relating to a $325,000 book deal he was instrumental in negotiating for Higgins with Penguin Random House.
The publisher was also issued with a subpoena to produce Higgins’ contract.
Federal court orders for Lehrmann to pay FitzSimons’ costs, amounting to $4,616, were made by consent of the parties and publicly released on Friday.
The orders are part of an ongoing process to determine who should pay how much of the ultimate legal bill.
Network Ten has argued in a submission to the federal court that Lehrmann should pay the broadcaster’s legal costs because suing The Project for defamation was “deliberately wicked and calculated”, given Lee had found Lehrmann would have known when he filed for defamation “that he had raped Ms Higgins”.
Ten had made a “walk away” offer to Lehrmann to settle in August 2023, before the trial began, on the basis that no admissions would be made by either side and no money change hands.
The network said Lehrmann’s rejection of the offer was “unreasonable in the circumstances” and meant the court should make an indemnity costs order, meaning Lehrmann must pay all the costs incurred.
The network also argued the Ben Roberts-Smith v Fairfax decision in a previous defamation action had set a precedent for an applicant being ordered to pay indemnity costs because they abused the legal process in bringing the claim.
Wilkinson, a former Project presenter, has filed a crossclaim against Ten over a dispute about payment of more than $700,000 in legal costs and won, so she will be for the most part covered by Ten.
Legal experts have estimated the bill for Ten and Wilkinson’s legal counsel alone would be $8m, and some have estimated the entire costs bill could be as high as $10m.
Lehrmann is understood to be jobless and lacking significant means, which may affect whether he can pay the bill, even if ordered to.
A costs hearing is scheduled for 1 May.
