FEDERAL COURT OF AUSTRALIA
Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
| File number(s): | NSD 103 of 2023 |
| Judgment of: | LEE J |
| Date of judgment: | 15 April 2024 |
| Catchwords: | DEFAMATION – the Lehrmann imbroglio – underlying controversy a cause célèbre – where applicant sues in defamation over a special edition of The Project programme broadcast by Network Ten – where publications televised and published online – where imputations the applicant raped Ms Higgins in Parliament House in 2019 – where substance of each matter relevantly identical – imputations conveyed
DEFAMATION – identification – where respondents contend the programme did not identify the applicant – where applicant is unnamed in programme – observations as to relevant principles – whether persons with special knowledge of the applicant reasonably understood the publication to concern him – extent of identification – where identification witnesses called – gossip and rumour – identification established DEFAMATION – defences – substantial truth – s 25 of the Defamation Act 2005 (NSW) – where evidence of two key witnesses unsatisfactory – consideration of relevant principles – requirement to prove rape as that concept is understood by the ordinary viewer of publication – elements of rape considered – non-consent and knowledge elements – recklessness – where applicant indifferent to the rights of Ms Higgins as to ignore the requirement of consent – where applicant raped Ms Higgins – defence established DEFAMATION – defences – statutory qualified privilege – s 30 of the Defamation Act – proper construction – consideration of relevant principles – separate assessment of conduct of the respondents – distinguishing features of Ms Wilkinson’s conduct – conduct of respondents not reasonable in publication of defamatory matter DEFAMATION – observations as to other defences – common law justification – Lange defence – common law qualified privilege |
