‘No backers, no cash’: Lehrmann’s payout bombshell

Bruce Lehrmann did not have secret financial backers funding his failed defamation case against Network 10 and Lisa Wilkinson, a court has heard.

The highly-publicised matter returned to the Federal Court on Tuesday morning as Justice Michael Lee works his way through making a decision on the payment of Ten’s and Ms Wilkinson’s legal costs in light of Lehrmann’s bruising loss.

Justice Michael Lee found – on the balance of probabilities – that Lehrmann had raped Brittany Higgins inside Parliament House in March 2019 while they were both working for Senator Linda Reynolds.

Lehrmann sued after claiming he was defamed by Ms Wilkinson’s interview with Ms Higgins on The Project, however Justice Lee upheld the broadcaster’s truth defence.

Justice Lee will now hand down a decision on the payment of Network 10 and Ms Wilkinson’s legal bills – and he is due to hand down his costs judgment on Friday afternoon at 2.15pm.

Justice Lee previously told the court late that there would be a costs order in Ten’s favour.

As part of their efforts to recover their legal costs from Lehrmann, Network 10 was allowed to issue a notice to produce aimed at finding out if the ex-Liberal staffer had financial backers.

In answer to the notice to produce, Lehrmann’s solicitor Paul Svilans told the court that there was no agreement between Lehrmann and any other parties to pay his lawyers’ fees.

“There is none such agreement, there is only an agreement between my firm and the applicant,” Mr Svilans said.

“That agreement makes no reference to any third party.”

Had it been revealed that Mr Lehrmann had a secret backer, Ten could have applied to make a third party costs order, however the court heard the broadcaster would be making no further application in regards to costs.

The court also heard that Lehrman’s agreement with Mr Svilans’ law firm, Mark O’Brien Legal, was on a no-win, no fee basis.

“So it was a conditional costs agreement whereby there’s no obligation to pay the amount of costs in event the proceedings were unsuccessful,” Justice Lee told the court.

It remains to be seen whether Lehrmann will have the capacity to pay Ten and Wilkinson’s legal bills, which are reportedly millions of dollars.

The court has heard he has not been employed since mid 2021 and he is now a law student.

He could be forced into bankruptcy if he cannot meet any costs order made against him.

He on Wednesday morning said that he hoped Friday’s costs judgment will be the last he needs to make in the case.

Lehrmann could yet appeal Justice Lee’s judgment favour after he found that Ten’s and Wilkinson’s qualified privilege defence had failed.

Lehrmann has also been granted an extension of time, until the end of the month, to launch an appeal.

The court previously heard that Lehrmann had hired senior counsel and was considering appealing.

Ordinarily parties have 28 days to lodge a notice of appeal – meaning Lehrmann’s deadline to appeal was due to expire on May 13 – however the court has allowed him until May 31.

Lehrmann faced trial in the ACT Supreme Court in 2022 after pleading not guilty to one count of sexual intercourse without consent.

The trial was abandoned due to juror misconduct and the Director of Public Prosecutions dropped the charge after aborting a retrial due to concerns about Ms Higgins’ welfare.

Mr Lehrmann has always denied the allegation.