Lehrmann v Network Ten Pty Limited (Expert Evidence) [2023] FCA 1577

Lehrmann v Network Ten Pty Limited (Expert Evidence) [2023] FCA 1577

The report by Mr Reedy is admissible as opinion evidence under s 79 Evidence Act due to his demonstrated specialised knowledge arising from extensive lipreading experience, and the methodology and basis of his opinions are sufficiently disclosed; discretionary exclusion under s 135 is not warranted as the probative value is not substantially outweighed by prejudice, confusion or waste of time.

Jurisdiction
Australia
Judgment Date
08 December 2023
Procedural Posture
Civil / Evidentiary Ruling on Expert Evidence Admissibility
Outcome
Expert evidence admitted
Legal Topics
['expert Evidence' 'admissibility' 'lipreading Evidence']
['evidence'] ['expert Evidence' 'admissibility' 'lipreading Evidence']

Case Brief

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Procedural Posture

Civil / Evidentiary Ruling on Expert Evidence Admissibility

Legal Issues

  1. 1 ['Whether lipreading expert evidence should be admitted despite late service' 'Whether the report by Mr Reedy constitutes admissible opinion evidence under s 79 Evidence Act 1995 (Cth)' 'Whether the evidence should be excluded pursuant to s 135 Evidence Act 1995 (Cth) due to prejudice, confusion or waste of time']

Ratio Decidendi

The report by Mr Reedy is admissible as opinion evidence under s 79 Evidence Act due to his demonstrated specialised knowledge arising from extensive lipreading experience, and the methodology and basis of his opinions are sufficiently disclosed; discretionary exclusion under s 135 is not warranted as the probative value is not substantially outweighed by prejudice, confusion or waste of time.

Court Disposition

Expert evidence admitted

Orders

  • ["The first respondent be permitted to adduce into evidence the report entitled, 'Lip Read Transcription Of Soundless Recorded Speech', prepared by Mr Tim Reedy on 19 November 2023"]