It may be a case of let the battle begin when the Federal Court resumes today to consider costs in Bruce Lehrmann's failed defamation case against Network Ten and journalist Lisa Wilkinson.
The interview was one of two with Ms Higgins published that day, when she first alleged she had been raped — although Mr Lehrmann wasn't named.The trial ended abruptly due to juror misconduct and a retrial was abandoned leaving no findings against Mr Lehrmann, which then led to the defamation case. "Given this court's findings as to the failure of those defences and the fundamental missteps taken by the respondents in publishing The Project broadcast … it is open to this court to conclude that the applicant should be compensated for the time and expense in having to establish that the qualified privilege defences were bound to fail," his lawyers' submissions said.
"It is open to this court to consider the applicant's success in the Limitation Extension application when considering the cost order to be made," his lawyers' submissions said.Network Ten conceding it was responsible for indemnifying her for reasonable costs "She was required to incur costs in a responsible manner, having regard to how those costs might be minimised given the separate but related work being undertaken by Network Ten."Plans are already afoot to have the costs determined by a referee.Ms Wilkinson's lawyers said it is a matter for the court, but they noted her particular circumstances.
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