Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/2

EVIDENCE – observations as to fact-finding, onus and standard of proof – difference between civil and criminal standards – credit findings concerning complainant of sexual assault – contemporaneous representations – whether Court bound to accept account of either of the principal witnesses – discussion of need for nuance in credit findings and the flaw in falsus in uno, falsus in omnibus approach – implied admissions and "consciousness of guilt" – Edwards lies DAMAGES – consideration of counterfactual where substantial truth defence not established – principled approach to assessment including consideration of whether it is licit to award no damages – approach to assessment where lack of apparent connexion between the respondents' wrong and real cause of distress and hurt – where actual damage to reputation only slight because applicant only entitled to be compensated for the reputation he deserves – improper conduct established – where augmentation of damages occasioned by aggravating conduct comes from a low base – modest award of compensatory damages notwithstanding objective gravity of imputations

Legislation:

Constitution s 109 Australian Human Rights Commission Act 1986 (Cth) Disability Discrimination Act 1992 (Cth) Evidence Act 1995 (Cth) ss 11, 46, 66(2), 91(2), 108C(1), 136, 140, 140(1), 140(2), 140(2)(a), 140(2)(b), 140(2)(c), 141(1), 144, 191, 192A Federal Court of Australia Act 1976 (Cth) s 40 Judiciary Act 1903 (Cth) s 79 Parliamentary Precincts Act 1988 (Cth) Sex Discrimination Act 1984 (Cth) Crimes Act 1900 (ACT) s 54(1) Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 (NSW) Defamation Act 2005 (NSW) Pt 4, Div 3, ss 3(c), 4, 8, 22, 22(1), 25, 28, 29, 29A, 30, 30(1), 30(1)(a), 30(1)(b), 30(1)(c), 30(3), 30(3)(a), 30(3)(j), 31, 34, 35(1), 35(2B), 35(3), 37, 38, 38(2) Defamation Amendment Act 2020 (NSW) Interpretation Act 1987 (NSW) s 6 Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) r 3.1 Defamation Act 1974 (NSW) (repealed) ss 22, 22(1)(c)

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