A judge is "not sure why" Lisa Wilkinson's legal action against Network Ten is being heard in a separate court than the defamation proceedings against the TV personality and her employer.
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Justice Michael Lee raised the issue in the Federal Court on Tuesday ahead of trial proceedings for Bruce Lehrmann's lawsuits against the commercial television network and the ABC.
Mr Lehrmann is suing Ten and Ms Wilkinson over a February 2021 story on The Project, which revealed Brittany Higgins' claims of being raped at Parliament House two years earlier.
The judge said he understood "collateral proceedings have been commenced", following allegations Ten owes Ms Wilkinson more than $723,000 to pay her legal bills.
Ms Wilkinson filed the cost claim in the NSW Supreme Court.
Justice Lee said a judge hearing both matters could avoid any issues of inconsistency and he could have dealt with the cost issue himself.
"I'm going to have to make cost orders in these proceedings one way or another," the judge said.
"I just want to make sure there is no risk of complication in these proceedings."
Ms Wilkinson's barrister, Sue Chrysanthou SC, said parties had contemplated a "cross claim" but there would be no complications with the proceedings being heard separately.
"We would prefer not to be distracted by that dispute between our clients," the barrister said.
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The court heard there were no issues between Ms Wilkinson and her employer about costs being owed, but that the timing and amount of money remained in dispute.
Ms Chrysanthou said the cost amount being argued could "embarrass" her and her junior counsel "in a legal sense" if heard in the same court as the upcoming trial.
Ms Wilkinson will be represented by different counsel in the collateral proceedings.
Mr Lehrmann has always denied raping Ms Higgins at Parliament House, where the pair worked for Liberal senator Linda Reynolds.
No findings were made against him and his criminal trial was aborted because of juror misconduct, with the charge levelled at him later discontinued.
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Tim Piccione
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
