Bruce Lehrmann went back for his hat and lost his shirt: Costs in Australian litigation

Michael Legg and Felicity Bell

At the end of 2023 the Australian public were captivated by the defamation case of Bruce Lehrmann v Network Ten Pty Limited (Lehrmann v Network Ten). Mr Lehrmann alleged that he had been defamed by the reporting of an interview with former parliamentary staffer Brittany Higgins, who alleged that she had been raped at Parliament House in the early hours of 23 March 2019. Mr Lehrmann was not named but it was alleged that the reporting indicated that he was the perpetrator. Judgment was handed down in April 2024. Justice Lee of the Federal Court found, on the balance of probabilities, Mr Lehrmann raped Ms Higgins at Parliament House in 2019 and Mr Lehrmann’s claim failed (Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 (Lehrmann (Trial Judgment))).

Attention then switched to the question of costs. While the media has focused on the sheer level of costs — reporting that some of the many counsel involved in the proceedings charge upward of $8000 per day — the Lehrmann case illustrates the dual costs risks of litigating civil matters in Australia. These are that you may have to pay both your own lawyers, and the legal costs of your opponent/s if you are unsuccessful.