Treasurer Joe Hockey has been left significantly out of pocket as a result of his recent defamation case against Fairfax Media.

Mr Hockey had partial success in his defamation action, being awarded $200,000 damages as a result of a Sydney Morning Herald post and two ‘tweets’ by The Age.

Mr Hockey’s lawyers sought an order that Fairfax pay his legal costs on an indemnity basis. Fairfax submitted that Mr Hockey should pay 60% of Fairfax’s costs on a party/party basis.

Federal Court Judge Richard White considered that Mr Hockey had failed on significant elements of his claim and ultimately Fairfax Media was ordered to pay 15% of Mr Hockey’s legal costs.

His Honour stated that while it should be recognised that Mr Hockey had succeeded on some elements of his claim and did obtain an award for damages, he failed on the matters which were the ‘real core’ of his claim.

It is estimated that Mr Hockey will be left approximately $300,000 out of pocket as a result of the proceedings.

The decision should be a reminder to prospective plaintiffs of the risks associated with undertaking litigation.

Before commencing any form of litigation, it is important to obtain legal advice from experienced litigation lawyers to assess the likely outcome and associated risks.

For more information, please contact ERA Legal.