Lehrmann v Network Ten Pty Limited (Confidentiality) [2023] FCA 1552

Lehrmann v Network Ten Pty Limited (Confidentiality) [2023] FCA 1552

The proposed suppression and non-publication orders were not shown to be necessary to prevent prejudice to the proper administration of justice. It was already apparent that News Life Media had paid a contribution towards Mr Lehrmann's legal costs, and reference had been made in open court to a costs payment under the ABC Deed. No compelling explanation was given as to why disclosure of the precise amounts or the ABC Deed would undermine non-curial dispute resolution, and the amounts could be relevant to relief or damages issues in the proceeding.

Jurisdiction
Australia
Judgment Date
06 December 2023
Procedural Posture
Application by Non Parties for Suppression and Non Publication Orders in Respect of Deeds Giving Effect to Settlement of Related Proceedings / Application Heard and Dismissed
Outcome
The application by News Life Media Pty Ltd and the Australian Broadcasting Corporation for suppression and non-publication orders was dismissed.
Legal Topics
['suppression and Non Publication Orders' 'public Access to Court Documents' 'proper Administration of Justice' 'settlement Deeds' 'confidentiality']
['practice and Procedure'] ['suppression and Non Publication Orders' 'public Access to Court Documents' 'proper Administration of Justice' 'settlement Deeds' 'confidentiality']

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Procedural Posture

Application by Non Parties for Suppression and Non Publication Orders in Respect of Deeds Giving Effect to Settlement of Related Proceedings / Application Heard and Dismissed

Legal Issues

  1. 1 ['Whether non-publication orders should be made under Pt VAA of the Federal Court of Australia Act 1976 (Cth) in respect of the News Life Media Deed and the ABC Deed.' 'Whether preventing publication of the deeds or redacting settlement payment amounts was necessary to prevent prejudice to the proper administration of justice under s 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth).' 'Whether public access to the deeds should be prevented under r 2.32 of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

The proposed suppression and non-publication orders were not shown to be necessary to prevent prejudice to the proper administration of justice. It was already apparent that News Life Media had paid a contribution towards Mr Lehrmann's legal costs, and reference had been made in open court to a costs payment under the ABC Deed. No compelling explanation was given as to why disclosure of the precise amounts or the ABC Deed would undermine non-curial dispute resolution, and the amounts could be relevant to relief or damages issues in the proceeding.

Court Disposition

The application by News Life Media Pty Ltd and the Australian Broadcasting Corporation for suppression and non-publication orders was dismissed.

Orders

  • ['The application by News Life Media Pty Ltd (News Life Media) and the Australian Broadcasting Corporation (ABC) for suppression and non-publication orders in relation to: (a) the deed of settlement and release between Mr Lehrmann, and News Life Media and Ms Samantha Maiden; and (b) the deed of settlement and...