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 discussed the publicity that would be generated if she had pursued her complaint "and that it would define her" (T1923.2–12).

729 By this stage, based on Mr O'Connor's admittedly vague evidence, I also accept Ms Higgins had come to think "people were checking up on her" (T1922.28). The evidence for this checking up and what was said is opaque at best. Mr O'Connor gave evidence Ms Higgins mentioned the name Yaron, which Mr O'Connor understood to be a reference to Mr Yaron Finkelstein (T1922.16–37), the Prime Minister's Principal Private Secretary, who had been in contact around this time (evidence which makes sense given what occurred later).

730 But in the end, even though Ms Higgins was not particularly happy to be in Perth, far from presenting her with some sort of ultimatum, the truth is that Ms Higgins was treated no worse than any other staff member that needed to be dispersed during the election period (with the expectation that they would not be coming back following the expected defeat of the Coalition Government). Indeed, in her case, Ms Brown went to some effort to accommodate Ms Higgins, by giving her options. When the Government was unexpectedly returned, she was, of course, the recipient of three job offers from those within the Executive.

731 Finally, although it does not matter very much (save that it is relevant to a representation made in the Commonwealth Deed (PL cl 3.28)), the contemporaneous material does not support the notion Ms Higgins was somehow shunned by the Minister in Perth. Apart from this allegation finding no support in her contemporaneous text messages, there is Ex 40, being a photograph of Ms Higgins (wearing the white dress she had said on oath in the criminal trial was still under her bed), happily sitting next to Senator Reynolds at a dinner with staff, which Ms Higgins attempted to explain away as resulting from her "accidentally" sitting next to the Minister because she was among the last to be seated (T816.28–30). I do not accept this evidence. Apart from anything else, it is unlikely that the other members of staff were deliberately eschewing sitting next to the Minister leaving a vacant seat for the belated arrival of Ms Higgins. It is also not supported by the evidence of Mr Wotton who was present (T1094.8–11).

732 Of course, nothing about any of this detracts from the obvious proposition that those within the know in the Government would have been very sensitive about the adverse publicity that would flow if Ms Higgins changed her mind, and if her allegation of sexual assault was pursued. No doubt Ms Higgins and Mr O'Connor are right to think a senior person, such as Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369