News location:

Canberra Today -2°/4° | Monday, May 20, 2024 | Digital Edition | Crossword & Sudoku

Lehrmann lawyers to receive no payment for failed case

Bruce Lehrmann had an agreement with lawyers that meant he only had to pay them if he won.(Bianca De Marchi/AAP PHOTOS)

By Duncan Murray in Sydney

The legal firm behind Bruce Lehrmann’s failed defamation lawsuit will receive no payment for more than a year of work on the high-stakes case after agreeing to a “no win, no fee” deal with the alleged rapist.

A Federal Court hearing was told on Wednesday the former Liberal staffer also had no third-party financial backers in his long-running suit against Network Ten and journalist Lisa Wilkinson.

Lehrmann’s defamation claim stemmed from a 2021 interview by Wilkinson with Brittany Higgins about allegations she was raped in Parliament House following a night out in 2019.

Justice Michael Lee ruled in favour of Ten and Wilkinson in April, finding Lehrmann most likely raped Ms Higgins, supporting a truth defence.

Before a judgment on Friday over how much of Ten and Wilkinson’s legal costs Lehrmann will be forced to pay, lawyers from Mark O’Brien Legal produced a statement divulging the 28-year-old’s arrangements with them.

Lehrmann had a conditional costs agreement with the firm, which meant he had no obligation to pay in the event the proceedings were unsuccessful, the court heard.

Firm principal Paul Svilans noted there was also no third party to the agreement who agreed to pay the legal fees if the court claim was unsuccessful.

“There’s been a lot of costs rendered but they’re not recoverable because Mr Lehrmann … lost and there’s no third-party agreement to pay costs,” Justice Lee summarised.

The judge is due to deliver his decision on costs on Friday, when the decision will be live-streamed due to the public interest in the case.

“I would like to make that the last judgment I need to deliver in relation to this matter,” he said.

Justice Lee stood the case down for two hours to allow Ten to respond to the fresh information from Lehrmann’s lawyers, adding he would excuse Mr Svilans from appearing if he did not wish to.

“I appreciate that you’re not being paid for being here,” he said.

Ten ultimately opted not to make any further applications.

Justice Lee previously indicated Lehrmann would likely be responsible for paying at least some of Ten’s costs after labelling his conduct throughout the litigation “disgraceful”.

In accordance with an earlier court ruling, Ten will be liable for the cost of Wilkinson retaining her own legal representation, which it can also seek to claim from Lehrmann as a legal expense.

Ten and Wilkinson separately retained some of the nation’s most highly sought-after lawyers, which could lift Lehrmann’s liability for repaying their costs into the millions of dollars.

In submissions on costs made public last month, Ten’s lawyer Matt Collins KC described Lehrmann pursuing the defamation claim as “deliberately wicked and calculated”.

“Mr Lehrmann engaged in an abuse of the court’s processes, ran a case based on positive falsities and put Network Ten to the cost of defending a baseless proceeding,” he wrote.

A different litigation team was reviewing the case to determine the possibility of success if Lehrmann chose to appeal the case’s outcome, a costs hearing was told in April.

Justice Lee granted a motion to extend the time to lodge an appeal, giving Lehrmann until May 31.

Lehrmann’s rape trial in the ACT Supreme Court was eventually aborted because of juror misconduct and the case was abandoned by prosecutors over fears for Ms Higgins’ mental health.

He has denied any sexual contact occurred.

Who can be trusted?

In a world of spin and confusion, there’s never been a more important time to support independent journalism in Canberra.

If you trust our work online and want to enforce the power of independent voices, I invite you to make a small contribution.

Every dollar of support is invested back into our journalism to help keep citynews.com.au strong and free.

Become a supporter

Thank you,

Ian Meikle, editor

Share this

2 Responses to Lehrmann lawyers to receive no payment for failed case

cbrapsycho says: 8 May 2024 at 3:59 pm

For a guy who has been found guilty of rape on the balance of probabilities and has been proven to lie frequently, he’s done well financially from his awful behaviour. So far it’s cost him nothing, whilst he’s been richly rewarded with 3 figure incentives for interviews with the media and similar from the 2 media outlets who settled with him.

It’s time for him to pay up for wasting the time and money of so many people including the courts and thus all of us taxpayers. He’s harmed other people’s reputations and careers, whilst being the exemplar of an incredibly nasty greedy bloke who’s just out to get what he can with no concern for how this affects others.

I’m stunned that his lawyers agreed a no win no pay deal. Were they so sure of themselves? Or of the justice system that let’s sexual offences go virtually unexamined, so perpetrators are rarely convicted and often not even questioned? Either way, they’ve all been caught out by the brilliant work of Justice Michael Lee. I’m keen to see his costs ruling on Friday.

Reply
David says: 10 May 2024 at 7:40 am

Good thing Lee has one supporter as not many believe that on the balance of probabilities a criminal walks away from a crime scene leaving the evidence in complete control of someone who can use it to convict them. No party has behaved appropriately in any of this. Don’t get carried away with your own personal gripes and lose sight of the precedents being set here. If someone close to you was falsely accused of something and their life was ruined on the balance of probabilities with no physical evidence, despite all the evidence being left at the supposed scene of the crime, you would be singing a different tune.

Don’t forget that all the money involved is because politics and the media got involved and it started very early in the process. If it was a rape the police should have been involved from the start, physical evidence collected and the case sewn up. That should be the message.

Reply

Leave a Reply

Related Posts

Follow us on Instagram @canberracitynews