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 general credit of Ms Higgins. But she allowed her well-tuned and correct journalistic instincts to be fobbed off by a self-evidently inadequate response.

949 Moreover, although Ms Wilkinson again submits she understood that Mr Llewellyn was "engaging in extensive fact checking" supervised and supported by others, she must have known that this fact-checking was not starting from a point of independence and professional detachment but from Mr Llewellyn's acceptance of the veracity of Ms Higgins' account.

950 I also accept she understood the Project programme was the subject of "legalling" by Network Ten's experienced in-house solicitors (Wilkinson 28 July 2023 (at [12])). She also understood that Mr Llewellyn spoke to Network Ten's in-house solicitors. Indeed, the extent she generally relied on legal advice emerged fairly clearly in the evidence adduced on the cross-claims. Without objection, I now have before me the fact that those acting for Ms Wilkinson initially pleaded a draft defence based upon the provision of legal advice but then Network Ten directed Ms Wilkinson to delete this from the draft defence, given those parts of the pleading were said to constitute a waiver of a jointly held privilege (Ex X1 (at 1120–1121)). But, as I have explained, I remain in the dark about the precise content of interactions with solicitors prior to broadcast.

951 Having said this, on the basis of all the evidence now adduced, I am satisfied that Ms Wilkinson was informed that the content of the Project programme would be checked by Network Ten solicitors prior to broadcast to reduce litigation risk. Although I think it is likely Ms Wilkinson would have complied with any advice or requests made by the solicitors, I do not know what precisely the solicitors were told, or what their detailed advice was, and to whom it was given.

952 It is contended that Ms Wilkinson also relied on her own background knowledge and experience and her own background research on the "workplace culture" that existed at Parliament House: she "believed the allegations that Ms Higgins made" and "was not provided with any information that led her to doubt the allegations made by Ms Higgins that were ultimately published". I do not doubt her sincerity, but I have already explained why this subjective view, which informed her conduct in not further testing Ms Higgins, does not withstand objective analysis.

953 A point made with some force in the submissions of Ms Wilkinson is the necessity to separate the state of mind of Ms Wilkinson from her conduct when it comes to considering Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369