- (5) the alleged perpetrator was, as at the date of broadcast, "working in Sydney … he's got a good job" (line 157).
78 Even accounting for a certain degree of factual inaccuracy (for example, whether Mr Lehrmann was a "senior advisor"), the references above correspond to the particularised knowledge of the applicant possessed by the identification witnesses and other witnesses: see Plymouth Brethren (Exclusive Brethren) Christian Church v The Age Company Ltd [2018] NSWCA 95; (2018) 97 NSWLR 739 (at 756 [77] per McColl JA). In the light of that special knowledge, the ordinary reasonable viewer possessing that knowledge could understand that Mr Lehrmann was the subject of the allegations.
79 As to the second stage, I am amply satisfied that Mr Lehrmann was in fact identified.
80 First, Mr Lehrmann was reasonably identified by persons with special knowledge. Each of the identification witnesses identified Mr Lehrmann with knowledge they had acquired by working in Parliament, or by reason of being a friend or family acquaintance. It is immaterial whether they identified Mr Lehrmann from the Maiden article: what matters is the identification witnesses reasonably identified Mr Lehrmann from information contained in the programme. With the exception of Mr McDonald, who could not exclude the possibility he thought the programme may have referred to another person, it is significant for the purposes of assessing reasonableness that Ms Abbott and Ms Quinn were correct in their identification.
81 Secondly, it is important that several witnesses gave evidence of gossip and rumour both before and after the Project programme was broadcast. The fact that such "chitter chatter" took place is indicative of the kind of evidence referred to in Pedavoli whereby recipients of such information tend to make efforts to discover identity, thereby expanding the circle of people with the requisite knowledge.
82 This is sufficient to establish identification and perfect the cause of action, but given the need to focus on the extent of identification, it is necessary to say something more.
83 Reliance by Mr Lehrmann upon the third category, being other persons who may have identified Mr Lehrmann by reason of the Twitter/X "firehose" or "grapevine effect" presents difficulties: see Kumova v Davison (No 2) [2023] FCA 1 (at [319]). Unlike other cases where the "Twittersphere" trends with a name following a publication, as Mr Lehrmann conceded in
