Lehrmann v Network Ten Pty Limited (Tribunal of Fact) [2023] FCA 612

Due to the singular and significant risk of juror prejudice occasioned by vast and ongoing publicity and the realities of the impending public inquiry, there is no substantial reason to depart from the usual mode of judge-alone trial, and the interests of justice strongly support proceeding without a jury.

Jurisdiction: Australia
Judgment Date: 09 June 2023
Procedural Posture: Defamation / Pre Trial Procedural Determination
Outcome: Application for trial by jury rejected; matter to proceed by judge alone.
Legal Topics: ['trial by Jury' 'judge Alone Trial' 'jury Discretion' 'media Publicity and Prejudice']

['defamation' 'civil Procedure'] ['trial by Jury' 'judge Alone Trial' 'jury Discretion' 'media Publicity and Prejudice']

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Procedural Posture

Defamation / Pre Trial Procedural Determination

Legal Issues

1 ['Whether the trial should be by judge alone or by jury under s 40 of the Federal Court of Australia Act 1976 (Cth)' 'Whether significant publicity and risk of juror prejudice warrant judge-alone trial' "Relevance of parties' opposition to jury trial" 'Impact of concurrent public inquiry and media coverage']

Ratio Decidendi

Court Disposition

Application for trial by jury rejected; matter to proceed by judge alone.

Orders

['The trial of this proceeding listed to commence at 10:15am on 20 November 2023 be by the ordinary mode of judge alone.']