Bruce Lehrmann did not have a third party lined up to pay his legal costs and his lawyers agreed to a no-win no-fee arrangement, the federal court has heard.
At a costs hearing for Lehrmann v Network Ten and Lisa Wilkinson on Wednesday, Justice Michael Lee said Lehrmann’s legal costs were significant but were not recoverable because of the agreement.
The costs for all parties have been estimated to be between $8m and $10m for the 24-day civil trial, which Lehrmann lost.
“There’s been a lot of costs rendered, but they’re not recoverable, because Mr Lehrmann … lost,” Lee said. “And there’s no third party agreement to pay costs.”
As the applicant who lost the case, Lehrmann has to pay the costs of the two respondents but he won’t have to pay his lawyers.
However, the court earlier heard Lehrmann has not worked since 2021 and lacks the means to pay, so it is likely Network Ten will be saddled with the bill despite winning the case.
Lehrmann’s lawyer, Paul Svilans, told the court his firm, Mark O’Brien Legal, acted for the former Liberal staffer on a no-win no fee basis.
“Your Honour, there are no documents to produce, in that we read that paragraph as requiring production of any agreement by a third party to pay the applicant’s costs,’’ Svilans told the court.
“However, there is none such agreement.
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“There is only a cost agreement between my firm and the applicant. That agreement makes no reference to any third party. I have a copy here and I’m happy to produce it to your honour.”
Lehrmann’s barrister, Steven Whybrow SC, acted pro bono for his client in the criminal trial. Whybrow, who was not in court and no longer acts for Lehrmann, commands about $8,000 a day. On some days in court Lehrmann had four barristers, increasing the costs significantly.
“It was a conditional costs agreement whereby there’s no obligation to pay the amount of costs in the event the proceedings were unsuccessful,” Lee said at the short case management hearing on Wednay.
He said he planned to deliver his judgment on costs at 2.15pm on Friday. The hearing will be livestreamed.
At the initial costs hearing on 1 May Lee reserved his decision, and granted Lehrmann an extension of time, until 31 May, to consider whether to lodge an appeal.
The court has already found Ten is liable for Wilkinson’s legal fees.
The cost of high profile defamation proceedings are steep. Sue Chrysanthou SC, who acted for the former Project host, commands $8,000 a day. Ten’s barrister, Dr Matt Collins KC, is paid about $12,000 a day.
Lee found last month that on the balance of probabilities Lehrmann raped Brittany Higgins on a minister’s couch in Parliament House in 2019. Lehrmann has always denied the allegation and pleaded not guilty at the criminal trial of the matter which was aborted due to juror misconduct.