CONTENT WARNING: This article discusses rape.
Bruce Lehrmann went back to the lion’s den for his hat, and left with the new titles of “rapist” and “loser” — a privilege that could potentially cost him millions of dollars. So how much will Bruce Lehrmann pay for losing his defamation trial?
In a historic end to the defamation case between Lehrmann and Network 10, Justice Michael Lee decided that The Project’s interview with Brittany Higgins about how she was sexually assaulted in Parliament House did not defame Lehrmann, as it was true on a balance of probabilities. Lehrmann was called a rapist by Lee in the two-and-a-half-hour decision and lost his lawsuit.
We’ve already explained here why this result did not mean Lehrmann was found criminally guilty and sent to prison — but other consequences will ensure former Liberal staffer greatly regrets initiating the self-destructive case.
Because as anyone who’s ever been in court will tell you, lawyers AIN’T cheap. And as the loser of the case, Lehrmann now finds himself in the position of having to pay the legal fees of the defendants, and his own lawyers (who are cheering the case is over).
Network 10 is coming after his bank account for bringing on the case “on a deliberately wicked and calculated basis,” but nobody knows exactly how much Lehrmann will be billed.
So we spoke to Michael Bradley from Marque Lawyers to get some answers, and find out how much Bruce Lehrmann will pay for losing his defamation trial.
How much might Bruce Lehrmann’s defamation case cost?
Estimates of the amount that Bruce Lehrmann will be forced to pay have ranged from the hundreds of thousands to tens of millions.
While it might seem outlandish that a 24-day lawsuit could have a bill with so many zeroes on it, Michael Bradley’s guess is also that the total cost is “going to be in the millions” due to the fact Lehrmann will have to pay for both Network 10 and Wilkinson’s lawyers.
“Well, 10 threw the kitchen sink at it, and Wilkinson was separately represented. So they got to pay two teams’ costs,” Bradley calculated to PEDESTRIAN.TV.
Bradley’s final estimate was that once the submissions for each party were finalised by the Federal Court, Lehrmann could be charged somewhere between five and 10 million dollars.
Last thing you want in a cost of living crisis, TBH. You’d almost feel bad for the guy — until you remember that HE initiated this train wreck trial and refused to settle it out of court.
Why could the defamation case cost this much?
There are a few reasons why the case could have such an eye-watering price. As Bradley highlighted earlier, the fact that Lehrmann will have to foot the bill for Network 10’s lawyers in addition to Wilkinson’s independent ones means he’s battling double the bill.
There’s also the fact that the case ran for so long, lasting nearly five weeks in court, and that’s not even including the preparation time, and neither party “spared the horses” as Bradley put it.
Estimates from The Guardian calculated that the daily rate for one of Wilkinson’s barristers, Sue Chrysanthou SC, was as much as $12,000 a day. Additionally, with Network 10 really “throwing the kitchen sink” at the case, it is estimated the cost of the network’s legal team could be upwards of $30,000 a day.
And now I’m seriously regretting not paying more attention in Year 11 Legal Studies.
When asked if $5 million to $10 million was a typical amount for a defamation case of this high profile, Bradley confirmed, “It’s at the high end for a defamation case, for sure.”
What happens if Bruce Lehrmann can’t pay the costs?
Bruce Lehrmann has reportedly not worked since 2021, with many speculating that there is a slim chance he would be able to pay this steep a bill. So what happens if he can’t pay the costs? Well, apparently there are a few potential courses of action.
“One possibility is if 10 thinks, or has some basis for suspecting that a third party was funding Lehrmann, and had a sort of interest in the proceedings, then they could try the same thing that Nine succeeded in doing in the Roberts-Smith case, which was getting a third-party costs order,” explained Bradley.
Here Bradley is referring to how in 2023, Australia’s most decorated living soldier Ben Roberts-Smith failed a defamation lawsuit against the Nine Network, and the year-long trial ended up costing approximately $35 million.
A high percentage of this amount was paid by the chairperson of Seven West Media, Kerry Stokes, through a third-party cost order, which Bradley says could happen for Lehrmann if Network 10 suspects he has any third-party backers.
Another possible outcome could be that if Lehrmann is unable to pay the millions of dollars, he is simply declared bankrupt, and the network would never cover their costs.
“That’s a risk when you’re being sued by an individual plaintiff, even if you win, you might, may end up having to pay your own costs,” Bradley stated to PEDESTRIAN.TV.
Bradley also mused that while it is unlikely that Lehrmann can afford to pay the fees for the case, we can never be too sure what Bruce might have in store.
“Who knows, maybe he’s already signed a book deal,” Bradley joked.
Note to self: don’t start a high-profile defamation case unless I find a spare few million lying around.
