Federal Court of Australia
Federal Court of Australia
Lehrmann v Network Ten Pty Limited (Tribunal of Fact) [2023] FCA 612 File number: NSD 103 of 2023
Judgment of: LEE J
Date of judgment: 9 June 2023
Catchwords: JURY – defamation – whether the Court should direct a trial by jury under s 40 of the Federal Court of Australia Act 1976 (Cth) – whether jury best able to determine all or some factual issues – where all parties oppose direction of trial by jury – where prospect of juror bias – allegations attracting vast publicity – where proceedings overlap with public inquiry – significant publicity most compelling factor – no substantial reason to depart from ordinary mode of judge alone trial
Legislation: Evidence Act 1995 (Cth) s 56(1) Federal Court of Australia Act 1976 (Cth) ss 39, 40 Judiciary Act 1903 (Cth) s 79 Defamation Act 2005 (NSW) ss 21, 22 Inquiries Act 1991 (ACT) ss 5, 19(3) Supreme Court Act 1970 (NSW) s 85(2)(b)
Cases cited: Comcare v John Holland Rail Pty Ltd [2010] FCA 981; (2010) 189 FCR 173 Director of Public Prosecutions v Lehrmann (No 5) [2022] ACTSC 296 Herron v HarperCollins Publishers Australia Pty Ltd [2022] FCAFC 68; (2022) 292 FCR 33 Lehrmann v Network Ten Pty Limited (Limitation Extension) [2023] FCA 385 Maroubra Rugby League Football Club Inc v Malo [2007] NSWCA 39; (2007) 69 NSWLR 496 Wing v Fairfax Media Publications Pty Ltd [2017] FCAFC 191; (2017) 255 FCR 61
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