Federal Court of Australia
Federal Court of Australia
Lehrmann v Network Ten Pty Limited (Cross-Examination) [2023] FCA 1477 File number: NSD 103 of 2023
Judgment of: LEE J
Date of judgment: 27 November 2023
Catchwords: EVIDENCE – whether counsel for both respondents should be permitted to cross-examine Mr Lehrmann – consideration of Pt 2.1 Div 3 of the Evidence Act 1995 (Cth) and the accumulated experience of the common law – no unfettered right to cross-examine a witness – prevailing consideration the need to ensure no unfairness is occasioned – cross-examination of Mr Lehrmann by counsel for Ms Wilkinson limited to topics not covered by counsel for Network Ten and factual matters relating to topics in respect of which it is contended Ms Wilkinson has a different interest to that of Network Ten
Legislation: Evidence Act 1995 (Cth) Pt 2.1 div 3, ss 26, 27, 28, 192(2) Defamation Act 2005 (NSW) s 30
Cases cited: Canberra Residential Developments Pty Ltd v Brendas [2010] FCAFC 125; (2010) 188 FCR 140 French v Triple M Melbourne Pty Ltd [2008] VSC 548 GPI Leisure Corp Ltd v Herdsman Investments Pty Ltd (No 3) (1990) 20 NSWLR 15 NMFM Property Pty Ltd v Citibank Ltd (No 8) [1999] FCA 266; (1999) 161 ALR 581 Roberts-Smith v Fairfax Media Publications Pty Ltd (No 13) [2021] FCA 549
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 33
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