Lehrmann v Network Ten Pty Limited (Confidentiality)

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FEDERAL COURT OF AUSTRALIA

Lehrmann v Network Ten Pty Limited (Confidentiality) [2023] FCA 1552

File number: NSD 103 of 2023
Judgment of: LEE J
Date of judgment: 6 December 2023
Date of publication of reasons: 7 December 2023
Catchwords: PRACTICE AND PROCEDURE  – application by non-parties for non-publication orders in respect of deeds giving effect to settlement of related proceedings – application dismissed as proposed orders not necessary to prevent prejudice to the proper administration of justice
Legislation:

Federal Court of Australia Act 1976 (Cth) Pts VAA, VB, ss 37AG(1), 37M, 37N(1), 37N(2)

Federal Court Rules 2011 (Cth) r 2.32

Cases cited:

Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651

Kumova v Davison (No 2) [2023] FCA 1

Lehrmann v Network Ten Pty Limited (Livestream) [2023] FCA 1452

Oldham v Capgemini Australia Pty Ltd [2015] FCA 1149; (2015) 241 FCR 397

Porter v Australian Broadcasting Corporation [2021] FCA 863

Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 12
Date of hearing: 6 December 2023
Counsel for the Applicant: Mr S Whybrow SC with Mr M Richardson SC and Mr N Olson and Mr D Helvadjian
Solicitor for the Applicant: Mark O’Brien Legal
Counsel for the First Respondent: Dr M Collins KC with Mr T Senior
Solicitor for the First Respondent: Thomson Geer Lawyers
Counsel for the Second Respondent: Ms S Chrysanthou SC with Mr B Dean
Solicitor for the Second Respondent: Gillis Delaney Lawyers

ORDERS

NSD 103 of 2023
BETWEEN:

BRUCE LEHRMANN

Applicant

AND:

NETWORK TEN PTY LIMITED ACN 052 515 250

First Respondent

LISA WILKINSON

Second Respondent

ORDER MADE BY:

LEE J

DATE OF ORDER:

6 DECEMBER 2023

THE COURT ORDERS THAT:

1.The application by News Life Media Pty Ltd (News Life Media) and the Australian Broadcasting Corporation (ABC) for suppression and non-publication orders in relation to:

(a)the deed of settlement and release between Mr Lehrmann, and News Life Media and Ms Samantha Maiden; and

(b)the deed of settlement and release between Mr Lehrmann and the ABC,

be dismissed.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT
(delivered ex tempore, revised from the transcript)

LEE J:

  1. The second respondent, Ms Wilkinson, today tendered two deeds giving effect to the settlement of two proceedings related to the current proceeding. The first is a deed of settlement and release between the applicant in this proceeding, Mr Lehrmann, and News Life Media Pty Limited (News Life Media) and Ms Samantha Maiden (News Life Media Deed); and the second is a deed of settlement and release between Mr Lehrmann and the Australian Broadcasting Corporation (ABC) (ABC Deed).

  2. Mr Sibtain SC appeared on behalf of News Life Media and the ABC seeking non-publication orders in respect of both deeds pursuant to Pt VAA of the Federal Court of Australia Act 1976 (Cth) (FCA Act)…

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Details
Case
[2023] FCA 1552
Decision Date

CaseChat Overview and Summary

Lehrmann v Network Ten Pty Limited (Confidentiality) involved an application by non-party entities, News Life Media Pty Ltd and the Australian Broadcasting Corporation, for non-publication orders concerning deeds of settlement and release that were the product of negotiations between the parties to the underlying litigation. The application was made in the Federal Court, where the parties had originally brought related proceedings. The application was dismissed, with the Court concluding that the proposed orders were not necessary to prevent prejudice to the proper administration of justice.

The legal issues the Court considered related to the circumstances in which a non-party to litigation could apply for suppression or non-publication orders in relation to settlement agreements. The Court needed to consider whether the proposed orders were necessary to prevent prejudice to the proper administration of justice, and whether such orders were appropriate in the circumstances, particularly given the public interest considerations. The Court also needed to consider whether the settlement agreements were confidential, and whether there was a legitimate expectation of privacy or confidentiality on the part of the parties to the settlement.

The Court determined that the proposed orders were not necessary to prevent prejudice to the proper administration of justice. The Court held that the settlement agreements were not confidential, and that there was no legitimate expectation of privacy or confidentiality on the part of the parties to the settlement. The Court also found that the public interest considerations in favour of the disclosure of the settlement agreements outweighed any private interest in keeping them confidential. The Court concluded that the proposed orders were not necessary to prevent prejudice to the proper administration of justice, and that such orders were not appropriate in the circumstances.

The Court dismissed the application by News Life Media and the Australian Broadcasting Corporation for suppression and non-publication orders in relation to the deeds of settlement and release between Mr Lehrmann and the other parties. The Court did not make any orders in relation to the costs of the application.

Orders

Orders of the court

1. The application by News Life Media Pty Ltd (News Life Media) and the Australian Broadcasting Corporation (ABC) for suppression and non-publication orders in relation to:

(a) the deed of settlement and release between Mr Lehrmann, and News Life Media and Ms Samantha Maiden; and

(b) the deed of settlement and release between Mr Lehrmann and the ABC,

be dismissed.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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