EXCLUSIVE

The half-brother of Australian NBA star Ben Simmons has quietly slipped back into Australia after failing to pay his legal bills – and posted a one-fingered salute on social media.

Sean Tribe, who had become a player agent in the US, is being pursued for the $100,000-plus in legal fees he ran up when he sued his half-sister Olivia Simmons over her claims he molested her when she was a child.

Tribe, 38, returned to Australia last week and shared a series of photos to his Instagram page, including an image of ACT Liberal leader Elizabeth Lee sticking up her middle finger to reporters.

Tribe also shared a photo of himself posing with with former West Coast Eagles AFL player Nic Naitanui at a Perth Wildcats NBL game.

He also posted a photo of beach boxes at Portsea’s Fishermans Beach foreshore , known as a millionaire’s playground where his mum Julie and stepdad Dave Simmons are understood to own a holiday home.

Tribe is one of four children from Julie’s first marriage. She then wed Dave Simmons who was a star in the NBL in the 1990s and they had two children: Olivia and Ben.

Tribe took legal action against Olivia, 33, for defamation in 2021 after she accused him of abusing her in their family’s Melbourne home.

Tribe won the case but his high-profile legal team say his bill is still unpaid years later.

Sean Tribe (pictured left) rubbed shoulders with former West Coast Eagles AFL player Nic Naitanui during a Perth Wildcats game

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

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.

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. 

During the trial, Justice Lee – who also presided over Bruce Lehrmann’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 played college 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.’

Tribe shared a bizarre image of ACT Liberal leader, Elizabeth Lee sticking up her middle finger to reporters

Tribe shared a photo of Portsea’s Fishermans Beach foreshore, known as a millionaire’s playground, where his mum Julie and stepdad Dave Simmons are understood to own a holiday home

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 Simmons, 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

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 Ben 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.