The government will insist Rex Patrick pays up to $150,000 to cover its legal costs if he loses a fight to access documents about the Aukus agreement, escalating a battle in which several crossbench MPs have swung behind the former senator. They, along with unions and transparency groups, have made appeals to the attorney general, Michelle Rowland, but have been rebuffed. The department does not accept the model litigant rules prevent it from seeking costs from Patrick. Tosca Lloyd, a Whistleblower Justice Fund campaigner, said the risk of a six-figure legal bill would limit ordinary use of FoI rules. Patrick said legal precedent dating back to a 1912 high court decision showed a “standard of fair play” should be observed by governments.