Federal Court of Australia
Federal Court of Australia
Lehrmann v Network Ten Pty Limited (Livestream) [2023] FCA 1452 File number: NSD 103 of 2023
Judgment of: LEE J
Date of judgment: 22 November 2023
Catchwords: PRACTICE AND PROCEDURE – open justice – whether defamation trial should be livestreamed – where objection to livestream raised by media company – reality that it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done – hearing to continue to be livestreamed to facilitate the public interest in open justice subject to any further application establishing it is necessary to take a contrary course in relation to particular evidence – alternative course as reflected in proposed orders refused
Legislation: Federal Court of Australia Act 1976 (Cth) Pt VAA, s 37AE Criminal Procedure Act 1986 (NSW) s 291(1) Limitation Act 1969 (NSW) s 56A
Cases cited: Attorney-General v Butterworth [1963] 1 QB 696 Attorney-General v Leveller Magazine Ltd [1979] AC 440 Chapman v Honig [1963] 2 QB 502 Deputy Commissioner of Taxation v State Grid International Australia Development Company Limited (Application for Non-Publication Orders No 2) [2022] FCA 719 European Asia Bank AG v Wentworth (1986) 5 NSWLR 445 Hobbs v Tinling (C.T.) and Company, Limited [1929] 2 KB 1 Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651 Hogan v Hinch [2011] HCA 4; (2011) 243 CLR 506 John Fairfax Group Pty Ltd v Local Court of New South Wales (1991) 26 NSWLR 131 John Fairfax & Sons Pty Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 Lehrmann v Queensland Police Service [2023] QSC 238 McPherson v McPherson [1936] AC 177 Principal Registrar, Supreme Court of New South Wales v Katelaris [2001] NSWSC 506 R v Sussex Justices; Ex parte McCarthy [1924] 1 KB 256 Roberts-Smith v Fairfax Media Publications Pty Limited (No 26) [2022] FCA 46 R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Confidentiality Orders) [2022] FCA 1443 Scott v Scott [1913] AC 417
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