Federal Court of Australia
Federal Court of Australia
Lehrmann v Network Ten Pty Limited (Expert Evidence) (No 2) [2023] FCA 1647 File number: NSD 103 of 2023
Judgment of: LEE J
Date of judgment: 19 December 2023
Date of publication of reasons: 20 December 2023
Catchwords: EVIDENCE – whether lipreading evidence tendered on the voir dire should be permitted to be tendered in the trial – where lipreader assisted by "lipspeaker" in witness box – distinction between admissibility of evidence and weight to be given to evidence – evidence on voir dire admitted in trial
Legislation: Evidence Act 1995 (Cth) ss 11(1), 31(3), 79, 135, 192(2)
Cases cited: Australian Securities and Investments Commission v Rich [2004] NSWSC 1062; (2004) 213 ALR 338 BrisConnections Finance Pty Ltd v Arup Pty Ltd [2017] FCA 1268; (2017) 252 FCR 450 Brown v Commissioner of Taxation [2002] FCA 318; (2002) 119 FCR 269 Casley-Smith v F S Evans & Sons Pty Ltd (No 2) (1988) 49 SASR 332 Ex parte Whitelock; Re Mackenzie [1971] 2 NSWLR 534 Lehrmann v Network Ten Pty Limited (Expert Evidence) [2023] FCA 1577 R v Amo [1963] P & NGLR 22
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 18
Date of hearing: 19 December 2023
Counsel for the Applicant: Mr S Whybrow SC and Mr M Richardson SC with Mr N Olson and Mr D Helvadjian
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