EXCLUSIVE

The half-brother of Australian NBA star Ben Simmons has failed to pay his lawyer  after successfully clearing his name over claims he sexually assaulted his half-sister.

Player agent Sean Tribe is being sued for the $100,000-plus in legal fees he ran up when he sued Olivia Simmons over her claims he molested her when she was a child.

Tribe, 38, commenced ‘urgent’ proceedings against Ms Simmons, 33, for defamation in 2021 after she accused him of abusing her in their family’s Melbourne home.

But despite winning Tribe’s case, his high-profile legal team say his bill is still unpaid years after the crucial legal victory, despite Tribe’s mega-rich basketball star relative.

The legal firm – which wishes to remain unnamed – have now launched fresh court action against Tribe in Sydney to recover their costs, believed to be in excess of $100,000.

Tribe has yet to file a defence in the civil court action, according to court files.

The matter does not yet have a listing date but it is expected to be heard at Sydney’s Downing Centre.

Sean Tribe is the older half-brother of NBA superstar Ben Simmons

If not paid, any judgement could lead to bankruptcy proceedings or recovery process in the United States.

It is believed that an application has been made for substituted service of the proceedings on Tribe who is now based in the US where he lives and works.

The 2021 legal drama played out in the Federal Court of Australia before Justice Michael Lee, over a series of tweets published earlier that year by Ms Simmons, the sister of basketball export, Ben, who the judge described as ‘apparently famous‘. 

During the trial, Justice Lee – who also presided over Bruce Lehramnn’s recent defamation case against Network Ten and Lisa WIlkinson – had to make orders to prevent the mother of two from posting further details of the ‘grave allegations’ until final determination of the matter.

Ms Simmons was represented by pro bono counsel Sheila Kaur Bain who is now a Judge of the Federal Circuit Court.

Ms Simmons, who also played basketball in the US for the Arizona State Sun Devils, made her false allegations against her half-brother in a series of posts uploaded to Twitter.

‘I’m tired of this facade just ’cause my brother is famous. There’s real-life shit going on and I’m going to never be afraid to speak up because money doesn’t control me,’ she wrote.

‘I’ve been asking for therapy but my family would rather sweep it under the rug because it could damage my brother’s brand.

‘I have had PTSD since then.’

Celebrity defamation counsel Sue Chrysanthou was recruited to represent Tribe in court, describing him as a ‘hardworking Australian’ in Philadelphia who was part of his star half-brother’s management team while he was playing for the 76ers.

Ms Chrysanthou told the court: ‘The allegations made about Mr Tribe are extremely serious and they’re made on a medium, Twitter, which has a purpose of disseminating information like a virus.

‘This sort of allegation, when uploaded on Twitter, can spread, tentacle-like, within hours to cause instant destruction of a person’s reputation. 

‘And allegations of the kind we’re dealing with, particularly in this day and age, can’t be erased after they’ve been on a medium like Twitter.’

Members of the Tribe family including his mother, Julianne Simmons, his brother Liam Simmon, sister Emily Bush and his fiancée Diana Ling, gave evidence to the court in support of their brother’s hurt feelings and damage to his reputation.

But the family also said they were concerned for Ms Simmons’ mental health, blaming distress in her personal life for the false claims.

Justice Lee ordered Ms Simmons to pay $550,000 in damages and aggravated damages – but the court said Tribe would not be pursuing her for the cash.

A family photo Olivia Simmons posted in 2020. Left to right, top to bottom: Ben and their father Dave, their mother Julie, Olivia, Emily Bush and Sean Tribe 

Brooklyn Nets points guard Ben Simmons in action

Ben Simmons is pictured with his sister Olivia

He noted that ‘although Mr Tribe is relying on this case to do all he reasonably can to restore his reputation and to nail the falsehood of the serious allegations made against him, he does not intend, at least as presently advised, to enforce the monetary judgment against his half-sister.

The Daily Mail does not know if the judgement was ultimately enforced against Ms Simmons.

In a statement released by Tribe after the court proceedings he said: ‘I’m grateful to the court for concluding this matter so efficiently with the assistance of my lawyers.’

Tribe is no longer part of Simmons’ management team and now works for high profile global sports and entertainment management firm, You First.

Daily Mail Australia has contacted members of the Tribe family for comment about the legal bill.