FEDERAL COURT OF AUSTRALIA
Lehrmann v Network Ten Pty Limited (Expert Evidence) [2023] FCA 1577
File number: NSD 103 of 2023 Judgment of: LEE J Date of judgment: 8 December 2023 Date of publication of reasons: 12 December 2023 Catchwords: PRACTICE AND PROCEDURE – whether lipreading evidence should be permitted to be adduced by first respondent notwithstanding delayed service on applicant – admissibility of lipreading report pursuant to s 79 of the Evidence Act 1995 (Cth) (EA) – whether lipreading report should be excluded in exercise of discretion in s 135 of the EA – evidence permitted to be adduced Legislation: Evidence Act 1995 (Cth) ss 76, 79, 79(1), 135
Federal Court of Australia Act 1976 (Cth) s 37M(1)
Cases cited: Adler v Australian Securities and Investments Commission [2003] NSWCA 131; (2003) 179 FLR 1
Herron v HarperCollins Publishers Australia Pty Ltd [2022] FCAFC 68; (2022) 292 FCR 336
Honeysett v R [2014] HCA 29; (2014) 253 CLR 122
Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705
McNickle v Huntsman Chemical Company Australia Pty Ltd (Additional Expert Conclave) [2022] FCA 1596
R v BD (1997) 94 A Crim R 131
R v Luttrell [2004] EWCA Crim 1344; [2004] 2 Cr App R 31
R v Tang [2006] NSWCCA 167; (2006) 65 NSWLR 681Australian Law Reform Commission, Evidence (Interim) (Report 26, 1985)
Murray Gleeson AC, ‘Managing Justice in the Australian Context’ (Speech, ALRC Conference, 19 May 2000)
Stephen Odgers, Uniform Evidence Law (3rd ed, LBC Information Services, 1998)
Stephen Odgers, Uniform Evidence Law (18th ed, LawBook Co, 2023)Division: General Division Registry: New South Wales National Practice Area: Other Federal Jurisdiction Number of paragraphs: 39 Date of hearing: 8 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:
8 DECEMBER 2023
THE COURT ORDERS THAT:
1.The first respondent be permitted to adduce into evidence the report entitled, “Lip Read Transcription Of Soundless Recorded Speech”, prepared by Mr Tim Reedy on 19 November 2023.
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:
A INTRODUCTION AND BACKGROUND
The first respondent, Network Ten Pty Limited (Network Ten), wishes to call in its case Mr Tim Reedy, who describes himself as a “forensic lipreader”.
Mr Reedy was engaged by Network Ten to prepare a…
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- Case
- [2023] FCA 1577
- Decision Date
CaseChat Overview and Summary
The court examined the legal issues surrounding the admissibility of the lipreading report under section 79 of the EA. It considered whether the witness had specialised knowledge and if the opinion was based on that knowledge. The court also assessed whether the evidence should be excluded under the discretion in section 135 of the EA, taking into account factors such as whether the evidence would confuse or mislead the court and the undue delay in serving the evidence. The court found that the evidence met the criteria for admissibility and did not warrant exclusion under the discretionary powers.
The court ruled that the Reedy Report could be adduced as opinion evidence under section 79 of the EA, as it was based on the specialised knowledge of the witness. The court further held that the evidence should not be excluded under section 135 of the EA, as the potential relevance of the evidence outweighed the incremental time required to deal with the matter. The court allowed the first respondent to adduce the report into evidence, noting that the weight given to the evidence would depend on the conclusions drawn following the cross-examination of the witness.
ORDERS:
1. The first respondent be permitted to adduce into evidence the report entitled, “Lip Read Transcription Of Soundless Recorded Speech”, prepared by Mr Tim Reedy on 19 November 2023.
Orders
Orders of the court
1. The first respondent be permitted to adduce into evidence the report entitled, “Lip Read Transcription Of Soundless Recorded Speech”, prepared by Mr Tim Reedy on 19 November 2023.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.