Lisa Wilkinson has scored a serious win in a heated battle with Community 10 over the price of a defamation lawsuit introduced by Bruce Lehrmann.
The journalist and Community 10 are being sued by Mr Lehrmann over an interview with Brittany Higgins on The Venture, which he claims conveyed he raped Ms Higgins in Parliament Home in 2019.
Mr Lehrmann has persistently denied the allegations, and pleaded not responsible to a legal cost earlier than his trial was deserted resulting from juror misconduct in 2022.
Ms Wilkinson and Community 10 had been within the Federal Courtroom on Wednesday for a separate battle over the prices incurred throughout the weeks-long defamation trial.
Community 10 initially accepted it was responsible for “affordable” authorized charges incurred by Ms Wilkinson throughout the swimsuit, which amounted to greater than $700,000 final 12 months.
Her prices at the moment are seemingly greater than $1 million.
Community 10 subsequently refused to pay the prices after claiming it was pointless for Ms Wilkinson to acquire separate authorized illustration.
On Wednesday, Community Ten’s barrister Robert Dick SC conceded the community not believed her resolution was unreasonable.
Ms Wilkinson’s lawyer, Michael Elliot SC, welcomed the announcement as a “vindication of (Ms Wilkinson’s) place”.
He mentioned Community 10’s backdown was an “embarrassment” and accused the corporate of main Ms Wilkinson on a “merry dance proper again to the place we began a 12 months in the past”.
Justice Lee decided it was clear Ms Wilkinson had “not acted unthinkingly” in participating separate authorized illustration.
“It appears to me plain past peradventure in all circumstances it was affordable for Ms Wilkinson to retain separate attorneys,” he mentioned.
He ordered Community 10 to pay the authorized charges accrued by its former star presenter within the defamation trial and the prices dispute.
The determine will probably be decided at a later date.
Ms Wilkinson didn’t remark as she left the courtroom victorious on Wednesday afternoon.
Justice Lee indicated he’ll return a choice for Mr Lehrmann’s defamation trial in March or April.
‘Cadet’: Decide blasts Lisa’s Logies speech
Justice Lee mentioned earlier within the day {that a} journalist with greater than 4 a long time of expertise ought to have been in a position to see the potential dangers of creating a speech simply days earlier than a legal trial.
Mr Lehrmann alleges the imputation of his guilt was exacerbated by Ms Wilkinson’s speech on the Logies, during which she praised Ms Higgins for her “unwavering braveness”.
On Wednesday, Justice Lee mentioned the dangers of creating the speech should have been apparent to a “cadet journalist”.
Ms Wilkinson has greater than 4 a long time of expertise as a journalist.
Nevertheless, her lawyer Sue Chrysanthou SC argued her consumer had by no means been a authorized reporter and needed to as a substitute depend on the “forceful recommendation” of her employer’s authorized group.
She mentioned the choice to go forward with the speech got here after Ms Wilkinson had “no objection” from ACT Director of Public Prosecution Shane Drumgold and after session with Community 10’s skilled attorneys.
Justice Lee agreed it was “a really completely different situation from self indulgently getting up and saying what’s on high of their head”, as he had initially thought.
“That’s the way it was introduced to the media for a 12 months,” Ms Chrysanthou replied.
Ms Wilkinson has maintained she was requested by Community 10 to present the speech, and so they had a major function in drafting and approving the speech.
“My consumer acted fairly in performing on the recommendation she was given and clearly didn’t act in an improper method, in an unjustified method,” Ms Chrysanthou mentioned.
Ms Wilkinson is combating for Community 10 to cowl the prices incurred within the defamation lawsuit with Mr Lehrmann.
Justice Lee has indicated he hopes to ship a choice in regards to the authorized charges on Wednesday afternoon.
‘Vital points’ with Higgins’ $2.4m payout
Earlier, Justice Lee mentioned there have been “vital” points with the credibility of Ms Higgins and her alleged sexual assailant Mr Lehrmann, together with the previous Liberal staffer’s account of her $2.4 million taxpayer-funded payout.
Each former political staffers fronted the courtroom in December final 12 months to present proof within the defamation case Mr Lehrmann launched towards Community 10 and Ms Wilkinson.
He claims an interview with Ms Higgins on The Venture conveyed he raped her in Parliament Home in 2019.
Mr Lehrmann has persistently denied the allegations, and pleaded not responsible to a legal cost earlier than his trial was deserted resulting from juror misconduct in 2022.
Justice Lee has reserved his resolution within the defamation case, however Ms Wilkinson and Community 10 have returned to the Federal Courtroom for a associated dispute over prices.
Community 10 initially accepted it was responsible for authorized charges incurred by Ms Wilkinson throughout the defamation swimsuit, that are estimated to exceed $700,000.
Nevertheless, it has since refused to pay the prices after claiming it was unreasonable for Ms Wilkinson to have obtained separate authorized illustration.
On Wednesday, Justice Michael Lee mentioned there have been “vital credit score points” with Mr Lehrmann and Ms Higgins.
“There are fairly vital variations within the proof they’ve given in courtroom and quite a lot of out of courtroom representations,” he mentioned.
The Federal Courtroom Justice famous Ms Higgins’ testimony within the defamation trial differed from proof given throughout a Commonwealth matter, which led to a $2.4 million payout.
Through the listening to, he mentioned Ms Higgins knew she was beneath obligation to inform the reality and gave “a guaranty that what she was saying was the reality”.
“She accepted that she was inducing the Commonwealth to enter into the deed on the idea of the correctness of the illustration she made,” Justice Lee mentioned.
Ms Higgins instructed the courtroom throughout the defamation trial the federal government admitted legal responsibility over the alleged rape, however the settlement deed tendered to the courtroom said it didn’t.
He requested the events to make submissions in regards to the credibility of witnesses on this case and in a associated case in regards to the prices incurred by Ms Wilkinson in defending herself from the defamation swimsuit.
“Credit score is especially necessary on this case,” Justice Lee mentioned.
He has reserved his resolution in regards to the defamation case.
‘Odd’: Decide quizzes Lisa’s Logies resolution
Ms Wilkinson’s resolution to make her now-infamous speech on the 2022 Logies has been labelled “odd” amid a heated defamation lawsuit.
Ms Wilkinson’s lawyer Sue Chrysanthou SC mentioned her consumer was “all the time being cautious” and had consulted Community 10’s attorneys for authorized recommendation “from the time of the nomination” for a Logies award.
“Not solely did she flip her thoughts to it, she was truly fairly cautious and prescient about elevating it on the TV week interview (earlier than the Logies),” Justice Lee mentioned.
“Which makes, in my thoughts, the motion of truly giving the speech, odd.”
He queried whether or not the journalist had felt “obliged” to present the speech as a result of she had been requested to take action by her employer.
Ms Wilkinson has maintained Community 10 requested her to put in writing the speech and authorised it earlier than her supply.
Lawyer ‘ignored’ Lisa’s title in Lehrmann lawsuit e-mail
A senior lawyer performing for Community 10 claimed she by accident “ignored” Ms Wilkinson’s title in an e-mail notification a few defamation lawsuit introduced by Mr Lehrmann.
Marlia Saunders instructed the Federal Courtroom she had been notified in regards to the lawsuit towards Community 10 and Ms Wilkinson in an e-mail in February 2023.
Nevertheless, she instructed the courtroom she had “ignored the phrases” that named Ms Wilkinson as a respondent within the filed proceedings.
On Tuesday, Ms Wilkinson instructed the courtroom she discovered she was being sued by Mr Lehrmann by studying an article in The Australian newspaper.
“I discovered by the media I used to be being sued,” Ms Wilkinson mentioned.
“Nobody … knowledgeable me in any respect.”
She mentioned she was “gobsmacked” to study Community 10’s authorized group had not knowledgeable her.
“Is that this true? I’m being sued?” the journalist wrote to the attorneys alongside a duplicate of the article.
Wilkinson ‘happy’ with Ten after Logies speech
Ms Wilkinson was “happy” with Community Ten’s response to the extraordinary backlash to her now-infamous Logies speech about Ms Higgins, based on a senior lawyer for Community 10.
Marlia Saunders is a associate at Thomson Geer regulation agency, which suggested Community 10 after the speech and the following delay of Bruce Lehrmann’s legal trial.
She claimed Ms Wilkinson relayed she was “very happy” with the community’s strategy after the speech.
Ms Wilkinson’s lawyer, Michael Elliot SC, requested her if she was conscious his consumer mentioned she was “expressing dissatisfaction” by the assembly.
“(Our) recollection differs in quite a lot of respects,” Ms Saunders mentioned.
She famous she had “contemporaneous information” of the assembly, whereas Ms Wilkinson had written “her model” every week later.
On Tuesday, Ms Wilkinson instructed the courtroom she felt “deserted” by her employer Community 10 after the speech.
She mentioned she “begged” Community 10 to publicise its function in creating and approving the now-infamous Logies speech she made in 2022, however they refused to take action resulting from authorized privilege.
Lisa and Higgins ‘inextricably’ linked: lawyer
Ms Wilkinson and Ms Higgins had been “inextricably intertwined” after an interview on The Venture aired Ms Higgin’s rape allegations, a senior Community 10 lawyer has mentioned.
Tasha Smithies fronted the Federal Courtroom on Wednesday to present proof.
The senior litigation lawyer had authorised the now-infamous speech Ms Wilkinson made to the Logies in 2022 whereas accepting an award for the interview.
The speech, which was given simply eight days earlier than the trial of Mr Lehrmann, attracted intense criticism and induced a three-month delay within the legal trial.
Ms Smithies agreed she reviewed the speech twice earlier than the Logies and didn’t request any modifications, spotlight any dangers, or recommend Ms Wilkinson shouldn’t give the speech.
“I felt the speech as drafted didn’t check with the trial and didn’t check with Ms Wilkinson’s proof (within the legal trial),” she mentioned.
She mentioned she believed it was crucial for the journalist to present the speech to take care of the consistency of her statements forward of the trial.
“I nonetheless stand by the recommendation that was given,” Ms Smithies mentioned.
She mentioned there was a “clear and unequivocal” hyperlink between Ms Wilkinson and Ms Higgins after the interview on The Venture in February 2022.
“It was my view that from the time after the printed of the story, Ms Wilkinson was inextricably intertwined with Ms Higgins,” the lawyer mentioned
“I might say Ms Wilkinson grew to become a part of the story. That continued by the Justice March in 2021 … and that continued help.”
Ms Smithies continued to take care of she was “not embarrassed” by her function within the Logies speech and repeated to the courtroom that she believed her recommendation was applicable.
