A costs hearing for former political staffer Bruce Lehrmann has taken place, following his failed defamation lawsuit against the Ten Network. Mr Lehrmann has been granted an extension of time to lodge an appeal.

Council of the City of Sydney

Bruce Lehrmann, a former federal court defendant, has been caught in a legal struggle concerning allegations of raping his colleague, Brittany Higgins, in Parliament House on March 23, 2019. Justice Michael Lee, presiding over the case, concluded on the balance of probabilities that the allegations were true. This verdict was delivered following Higgins' decision to bring the issue to public attention in 2021 through an interview with Lisa Wilkinson on the Project.

Network 10 and Wilkinson have since stated that Lehrmann should bear the full cost of their legal expenses, arguing that Lehrmann was aware the imputations he complained about were substantially true. Meanwhile, Lehrmann's attorneys contend that the court should consider that Network 10's victory came through a truth defense, though it did not succeed on the basis of qualified privilege. This argument emerges amidst critiques from Justice Lee toward Network 10 for what he described as misleading statements made by its spokesperson after the verdict.

An additional point of concern is whether Lehrmann possesses the financial means to meet the potentially large sums of legal fees. Even if Lehrmann is ordered to pay, it remains likely that Network 10 will incur some costs, including a portion of Wilkinson's legal expenses, who had separate representation. Lehrmann faced a deadline to appeal Justice Lee's decision by May 13. However, a request for additional time was made to permit new senior counsel to review the case and advise on the possibility of an appeal.



Bruce Lehrmann in costs hearing after failed defamation bid

This long-running federal court fight isn't quite over. Having escaped the lion's den, Mr Lerman made the mistake of coming back for his hat. The question is, at what cost? Two weeks ago, Justice Michael Lee found on the balance of probabilities Bruce Lehrman raped his colleague Brittany Higgins at Parliament House on March 23, 2019, a night she went public about in a bombshell interview with Lisa Wilkinson on the Project in 2021. Network 10 and Ms Wilkinson now say Lehrman should cover all of their legal costs, with 10's barrister telling the court he must have known at all times the imputations for which he complained were substantially true. But Lehrman's legal team argues the court should take into account the fact 10 won the case on its truth defence but failed in its other defence of qualified privilege. That's as Justice Lee took aim at what he's described as misleading comments by 10's spokesperson following his landmark judgment. 10 says contrition has been shown and those statements could not have a rational bearing upon the proper disposition of costs as between Mr Lehrman and the respondents. Another issue is whether Lehrman has the funds to cover steep legal fees, so it's probable 10 will still be left with bills to pay, including part of Ms Wilkinson's fees as she had her own legal representation. Lehrman had until May 13 to file an appeal against Justice Lee's judgment, but this afternoon a request was made for extra time for new senior counsel to offer advice on that possibility. Alice Hogg for 10 News First.

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