Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369

'Impressive' forensic lip-reader evidence ultimately unnecessary

In Lehrmann v Network Ten Pty Limited (Expert Evidence) [2023] FCA 1577, the court ruled on the admissibility of an expert report of a forensic lipreader, Mr R, belatedly filed by the respondent Network Ten (i.e., four days before the hearing commenced). While the court was concerned by the delay in serving Mr R's report, it allowed the late evidence to be filed based on the overarching purpose of the just resolution of disputes according to law, and as quickly, inexpensively, and efficiently as possible.

For the purposes of preparing the transcript contained in his report, Mr R had viewed the CCTV footage on a magnified scale. In Lehrmann v Network Ten Pty Limited (Expert Evidence) (No 2) [2023] FCA 1647, in what may be a first in an Australian court, and at the request of Lee J, his Honour, together with counsel for all parties, entered the witness box to stand behind Mr R so that they could see