Lawyers for Lisa Wilkinson and Network Ten have reaffirmed their “cooperative approach” to defending a defamation claim brought by Bruce Lehrmann, amid a dispute between their clients over legal costs.
Last week Wilkinson sued her employer over a dispute about the payment of more than $700,000 in legal costs.
She alleged Network Ten had agreed to indemnify her over the potentially costly defamation case but had subsequently failed to pay her anything. The broadcaster, she said, had initially argued it didn’t have to pay until Lehrmann’s defamation case was finalised, before then questioning the amount Wilkinson had claimed.
Wilkinson’s costs dispute was lodged in the New South Wales supreme court, a separate jurisdiction to the federal court where Lehrmann’s defamation trial will be held.
Federal court justice Michael Lee on Tuesday asked why the costs dispute had been lodged in a separate court, rather than in his court, given it could complicate the matters he was considering.
He said he heard costs disputes of that kind “every day”.
“I just do not understand why,” he said. “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.”
Sue Chrysanthou SC, who is representing Wilkinson, said the costs dispute had the potential to complicate the position of both her and her solicitors, and Lee himself, 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,” she 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.”
Matt Collins KC, representing Network Ten, agreed and said the two legal teams were taking a cooperative approach to defending Lehrmann’s defamation claim.
“I agree entirely with what Ms Chrysanthou has said about the cooperative approach that Ms Wilkinson’s team and the Network Ten team are taking in respect to this proceeding, which we think ought to be our priority and focus,” he said.
Separate lawyers – both solicitors and counsel – are representing Network Ten in its costs dispute with Wilkinson. Wilkinson is also being represented by different counsel in the costs dispute.
The defamation trial itself is expected to begin late next month and last about four weeks.
Lehrmann sued Network Ten, Wilkinson and the ABC for publications he says defamed him by falsely suggesting he raped Brittany Higgins, a fellow political staffer, in the office of Linda Reynolds.
He has denied the allegation and pleaded not guilty in a criminal trial. That trial was abandoned due to juror misconduct and a planned retrial was aborted due to concerns about Higgins’ mental health.
