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 This support continued, including at 9:13am on 1 April (which, as will be recalled, was the day of the meeting with the Minister and Ms Brown) with Mr Dillaway saying "[g]ood luck this morning. Let me know if you want to catch up afterwards, for a talk, coffee or just to give yfou a hug" (Ex R99 (at 764)). Mr Dillaway had obviously been unaware of the time of the meeting which, as Annexure B establishes, commenced at approximately 8:40am. Hence Ms Higgins responded: "All finished up. About to head down for a cup of coffee run if you are free" (Ex R99 (at 764)).

712 There are no messages then in evidence until 8:30am on 3 April, when Mr Dillaway asks Ms Higgins whether she wanted him "to reach out to the PMO" (Ex R99 (at 813)).

713 Pausing there, Ms Higgins at some point had told Mr Dillaway that she wanted to have the free counselling referred to in the EAP brochure that had been given to her but, upon enquiry, she had discovered there was no appointment available with a psychologist for two months (T644.45; T1260.40–45). I am also confident she was keen about the prospect of working with Mr Dillaway in Brisbane during the course of the election campaign. They certainly discussed her wish to move "closer to home" for the campaign at around this time (Ex R99 (at 814)).

714 According to a question asked of him in cross-examination, it appears Mr Dillaway may have earlier told the AFP about the delay in fixing a psychological appointment at a get-together for the former staff of Mr Ciobo, who was giving a valedictory speech, but given that speech was on 4 April, it must have been earlier, and Mr Dillaway was characteristically hazy as to the details (T1260.36–7). In any event, it is apparent Mr Dillaway was concerned that Ms Higgins could not receive the sort of care he thought she needed, and I suspect he was also keen to see Ms Higgins work closer to home during the campaign.

715 What may not have been fully apparent to Mr Dillaway, and did not receive particular attention at the trial, was the correct chronology and details of what occurred as to Ms Higgins seeking support (despite her complaints made about the initial delay in securing an EAP appointment):


 * (1) As noted above (at [643]), during her first meeting with Ms Brown on 26 March, the EAP contact details had been provided to Ms Higgins and Ms Brown had explained the independent support and service the EAP provides, and Ms Brown had checked up on her by phone twice later that day (Annexure B).

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