It has been revealed Bruce Lehrmann’s legal team made an agreement not to charge him if they lost his defamation case, and that there was no third party planning to cover the costs.

The defamation case was launched against Network Ten and journalist Lisa Wilkinson over an interview with Brittany Higgins, in which she alleged she had been raped at Parliament House, although she didn’t name Mr Lehrmann.

Mr Lehrmann was later charged, but his trial was abandoned after a juror’s misconduct, leaving no criminal findings against him.

After a five week trial last year, Federal Court Justice Michael Lee found Mr Lehrmann had been defamed by the interview.

But the judge found Ten had proved its defence of truth, and ruled that on the balance of probabilities Mr Lehrmann had raped Ms Higgins.

The parties are now locked in a battle over costs.

Justice Lee has already said he will rule in Network Ten’s favour.

But today the network was back in court asking for documents about the legal bills run up by Mr Lehrmann during the case.

The judge noted one of the documents was a “conditional agreement” that there was “no obligation to pay costs” if the case was unsuccessful.

Ten’s lawyers had also asked for any documents showing any agreement with a third party to pay the costs, but none were produced to the court.

Justice Lee is expected to deliver his ruling on costs in the case on Friday.

The court will also have to oversee a dispute over costs between Lisa Wilkinson and Network Ten.

Bruce Lehrmann has been given until the end of this month to consider whether to mount an appeal.