Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/191

 723 At or about 12:14pm on 7 April 2019, Ms Brown sent the following text message to Ms Higgins, Mr Carlson and Mr Burland (Brown (at [163])):

Hi Drew and Brittany, hope you're having a good weekend! Given the election announcement hasn't occurred, I think it best if travel to WA is determined after its called. Given I'm going to be in CHQ I'll hand over to Dean to advise you when to make plans. Any problems please let us know, thanks Fiona

724 Late Sunday, at 7:46pm on 7 April, Ms Brown then sent Ms Higgins a text message as follows (Brown (at [164])):

Hi Brittany, hope you've had a good weekend! I thought I should clarify my message earlier which I sent to you, Drew and Dean. As we discussed the other day you can let me know if something doesn't work for you eg, a time to go to WA etc

In my comms I didn't want to leave you off the CBR WA staff who were travelling.

Dean may coordinate but if something doesn't work for you make sure you let me know. You'll also find Dean good to work with. I'm only a call away!

Best, Fiona

725 Ms Higgins then responded:

Hi Fiona,

Absolutely, thank-you for the message. Yes, I figured as much and really appreciate it. I definitely will keep that in mind if there are any major issues. Enjoy CHQ!

726 Ms Brown replied with a "thumbs up" emoji (Brown (at [165])).

727 Ms Higgins chose to take up the offer to work on the election campaign in Perth and, on 13 April, travelled there for that purpose (Brown (at [169]); T993.43–4). Contrary to the representations in the "Timeline" document (Ex 42) (Timeline), she was not "[p]ausing the active case with the AFP following internal pressure to go to Perth for the 2019 Federal Election" as she had never had a firm intention to proceed and had expressed the considered view, before going to Perth, she would not pursue the matter.

728 I accept, however, that Ms Higgins would rather have not been in Perth. It is obvious her preference would have been to work with Mr Dillaway at Campaign HQ in Brisbane. I also accept she complained to her friend, Mr O'Connor, about how she felt "punted" over to Perth, in that she felt away from the action in Canberra (T1922.16–31). Further, while Mr O'Connor could not remember specifics, when Ms Higgins was in Perth they discussed "mostly just the aftermath of the incident and her feelings about it", and she appears to have Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369