Federal Court of Australia
Federal Court of Australia
Lehrmann v Network Ten Pty Limited (Covert Recording) [2023] FCA 1586 File number: NSD 103 of 2023
Judgment of: LEE J
Date of judgment: 12 December 2023
Date of publication of reasons: 13 December 2023
Catchwords: EVIDENCE – admissibility of covert recordings of two conversations made by Ms Brittany Higgins – whether s 10 of the Listening Devices Act 1992 (ACT) "picked up" in federal jurisdiction – provision not picked up as s 56(1) of the Evidence Act 1995 (Cth) "otherwise provides" – recordings admitted
Legislation: Evidence Act 1995 (Cth) ss 55, 56(1), 136 Judiciary Act 1903 (Cth) ss 79, 79(1) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 9(3) Listening Devices Act 1992 (ACT) s 10
Cases cited: Crosby v Kelly [2012] FCAFC 96; (2012) 203 FCR 451 Herron v HarperCollins Publishers Australia Pty Ltd [2022] FCAFC 68; (2022) 292 FCR 336
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 25
Date of hearing: 12 December 2023
Counsel for the Applicant: Mr S Whybrow SC and Mr M Richardson SC with 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
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