Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/212

 J.3The Investigation and Preparation

782 Ms Wilkinson also had a telephone conversation with Mr Sharaz on 20 January. One can gauge what was said about Ms Wilkinson's enthusiasm and the way in which she proposed to "hold britts hand through all this" by reference to a WhatsApp message sent after this call by Mr Sharaz to Ms Higgins (MC (at 64)):

Lisa rang,

Let's chat tonight, its good news.

...

She wants to fly me and you down on Monday for a meeting with her and the EP at a non-disclosed location. She wants to potentially change the format of the show and do the 7.00-7.30 hour in this. Include Sam. Have Sam grabs thought [sic] the piece.

She also said "we need to make sure we hold britts hand through all this. She can call me at any time."

783 At this time, Ms Wilkinson also resolved that Mr Llewellyn should be the producer of the story, given her assessment of his reputation and experience (Wilkinson 28 July 2023 (at [33])).

784 The decision was made to keep the details confidential, and a code name "ENVIRO" was adopted (Ex R431). Although Mr Llewellyn involved Network Ten's in-house solicitors from the beginning of the production process (Llewellyn (at [93]–[95])), the provision of legal advice does not go very far.

785 No assumptions ought to be made in this case, particularly when the only in-house legal advice revealed as to this matter was counterintuitive. I accept legal advice was obtained including (I assume) on the topic as to whether Mr Lehrmann ought to be named. Although no adverse inference as to the content of legal advice can be drawn from a party's decision to assert privilege, and the taking of advice itself could have some relevance, it does not assist in assessing reasonableness of conduct if it is said the content of advice relevantly informed that conduct, and yet the advice itself and the instructions given to procure the advice, are kept hidden. I cannot, and will not, act on speculation, but for all I know, the solicitors were given a request for advice along the lines of: "We are telling this explosive political story being an extraordinary coverup involving Linda Reynolds, Michaelia Cash and the PMO, we need to do everything to maintain exclusivity and publish at the same time as Maiden who also has the story, how do we best minimise litigation risk?". Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369