Channel 10 might be compelled to pay Lisa Wilkinson’s authorized prices if she loses the high-profile defamation case introduced in opposition to her by Bruce Lehrmann.
Mr Lehrmann is suing the TV character and Channel 10 over protection of Brittany Higgins’ February 2021 rape allegation. He strenuously denies the claims and so they have by no means been confirmed in court docket.
Wilkinson has been named within the defamation motion in opposition to the community for a February 2021 interview of Ms Higgins on The Project. Journalist Samantha Maiden and News Corp Australia’s News Life Media have additionally been named within the case.
It was beforehand reported that the presenter would pay for her personal authorized charges, however it appears that evidently will solely occur if she wins the defamation proceedings.
Experts who regarded on the authorized paperwork referring to the case have mentioned all of it centres on one sentence, which says Wilkinson “is an employee for the purposes of the Employers’ Liability Act 1991 (NSW)”.
That laws states that an “employee is not liable where an employer is also liable” if “an employee commits a tort (in this case, defamation) for which his or her employer is also liable”.
And media lawyer Peter Bartlett advised news.com.au that meant if Wilkinson loses, her authorized prices can be taken care of by Ten, regardless of the TV star and the community being separate respondents to the defamation case.
“If she wins, she would have paid her own legal fees and would still be out of pocket. Because normally you would recover 75 or 80 per cent of your costs,” Mr Bartlett mentioned.
Mr Lehrmann claims the articles and broadcasts conveyed 4 defamatory meanings that he “raped Brittany Higgins in Defence Minister Linda Reynolds’ office in 2019” after they had been aired in February 2021, though he was not named.
He says the articles defamed him by implying he “continued to rape Brittany Higgins after she woke up mid-rape and she was crying and telling him to stop” and “left her on a couch in a state of undress”.
Wilkinson is counting on defences of fact and certified privilege.
“Lehrmann’s conduct described in the preceding particulars amounted to rape of Higgins in Parliament House in 2019,” the defence says.
While Wilkinson doesn’t deny the central defamatory declare of rape was conveyed, she mentioned she can not admit that Mr Lehrmann “was reasonably identified by any viewer” when her broadcast aired.
Source: www.perthnow.com.au
