Lehrmann v Network Ten Pty Limited (Cross-Examination) (No 2) [2023] FCA 1520

Lehrmann v Network Ten Pty Limited (Cross-Examination) (No 2) [2023] FCA 1520

The proposed line of questioning, based on alleged previous false representations by Ms Higgins on a serious topic for an allegedly malign purpose, had the capacity to procure evidence substantially relevant to the assessment of her credit under s 103(1) of the Evidence Act 1995 (Cth). The relevant test was not whether the evidence was substantially probative of a fact in issue or whether the Court would ultimately be persuaded that false representations were made or contributed to the DPP's decision. The question was therefore allowed, subject to the Court stopping the questioning if answers showed no evidence of substantial probative value as to credit would emerge or if the questioning...

Jurisdiction
Australia
Judgment Date
05 December 2023
Procedural Posture
Defamation Proceeding; Evidentiary Ruling on Cross Examination / Hearing of Relevance Objection During Cross Examination; Reasons Delivered Ex Tempore
Outcome
Relevance objection rejected; the question was allowed.
Legal Topics
['relevance' 'credibility Evidence' 'cross Examination' 'substantial Effect on Assessment of Credibility' 'improper or Oppressive Cross Examination']
['evidence' 'civil Procedure' 'defamation'] ['relevance' 'credibility Evidence' 'cross Examination' 'substantial Effect on Assessment of Credibility' 'improper or Oppressive Cross Examination']

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Procedural Posture

Defamation Proceeding; Evidentiary Ruling on Cross Examination / Hearing of Relevance Objection During Cross Examination; Reasons Delivered Ex Tempore

Legal Issues

  1. 1 ['Whether a question put to Ms Higgins in cross-examination concerning a speech on the steps of the Supreme Court of the Australian Capital Territory on 27 October 2022 was relevant and admissible as credibility evidence.' "Whether the proposed line of cross-examination could substantially affect the assessment of Ms Higgins' credibility within s 103(1) of the Evidence Act 1995 (Cth)." 'Whether the proposed questioning should be disallowed as repetitive, oppressive, or otherwise beyond proper limits.']

Ratio Decidendi

The proposed line of questioning, based on alleged previous false representations by Ms Higgins on a serious topic for an allegedly malign purpose, had the capacity to procure evidence substantially relevant to the assessment of her credit under s 103(1) of the Evidence Act 1995 (Cth). The relevant test was not whether the evidence was substantially probative of a fact in issue or whether the Court would ultimately be persuaded that false representations were made or contributed to the DPP's decision. The question was therefore allowed, subject to the Court stopping the questioning if answers showed no evidence of substantial probative value as to credit would emerge or if the questioning...

Court Disposition

Relevance objection rejected; the question was allowed.

Orders

  • ['The question put to Ms Higgins in relation to a speech made by Ms Higgins on the steps of the Supreme Court of the Australian Capital Territory on 27 October 2022 immediately following the discharge of the jury in the criminal case brought against Mr Lehrmann and the setting of a new trial date (being the question...