Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/18

 particularise it during the evidence was like trying to grab a column of smoke. But despite its logical and evidentiary flaws, Ms Higgins' boyfriend selected and contacted two journalists and then Ms Higgins advanced her account to them, and through them, to others. From the first moment, the cover-up component was promoted and recognised as the most important part of the narrative. The various controversies traceable to its publication resulted in the legal challenge of determining what happened late one night in 2019 becoming much more difficult than would otherwise have been the case.

13 I will come to the legal issues, the principles that have guided fact-finding, some observations concerning the credit of various witnesses, and then my findings as to what relevantly went on. But before doing so, I will explain some uncontroversial matters and the issues in the case.

BTHE PARTICIPANTS AND SOME BACKGROUND FACTS

14 Most of the important facts are contested. This section records some uncontroversial details as to the principal participants, the publications, and this and related proceedings.

B.1The Dramatis Personae

IMr Lehrmann

15 Mr Lehrmann was born in 1995 in Texas. His father died in Mr Lehrmann's infancy.

16 His mother, who was born in Australia, relocated to northern New South Wales with Mr Lehrmann and his younger sister. The family then moved to Toowoomba in Mr Lehrmann's final years of primary school.

17 From a young age, Mr Lehrmann had a preternatural interest in politics. Upon leaving school, in 2014, he moved to Canberra to undertake study at the Australian National University. His first foray into politics came at the time he started university, as an electorate officer.

18 In March 2016, Mr Lehrmann commenced employment as an office manager with the then Commonwealth Attorney-General, before assuming a role as a health policy advisor to the then Assistant Minister for Health, in August 2017.

19 At the end of 2017, Mr Lehrmann commenced employment as a health policy advisor with the then Minister for Rural Health and Sport, a position he held until October 2018, when he Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369