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 of justice, has "an obligation to ensure that a trial is conducted in accordance with the dictates of fairness to an accused person, and to ensure that the integrity of a trial is appropriately preserved". Ms Smithies was correct in appreciating, however, as the solicitor who accompanied Ms Wilkinson, that she owed an independent duty to give Ms Wilkinson "appropriate legal advice": Drumgold v Board of Inquiry (No. 3) (at [472]).

1033 Ms Smithies was well qualified to give this advice. She is a highly experienced solicitor of the Supreme Court of New South Wales of about 27 years' standing and has been the Chief Litigation Counsel of Network Ten for ten years. Since 1999, her duties have included "providing pre-publication and broadcast advice to media companies, initially in [her] role at Gilbert + Tobin and then at Nine Entertainment Co, Australian Associated Press and, currently, at Network Ten". She reports to Mr Stewart Thomas, who holds the curious title (to Australian ears) of "Vice-President, Legal and Corporate Affairs for Network Ten" and works with the "primary lawyer" being the Senior Legal Counsel of Network Ten, Mr Farley (introduced earlier), who "also provides pre-publication advice" (Smithies (at [13]–[15])).

1034 At the conclusion of the evidence of Ms Smithies, I sought to clarify and summarise Ms Smithies' evidence about the Logies speech and her related advice given to Ms Wilkinson. Ms Smithies gave the important evidence, bolded below, as to the state of her mind, but out of fairness, it is appropriate to extract the entire exchange to give context to this evidence, despite its length. It was as follows (T2614.17–617.6):

HIS HONOUR: Ms Smithies, I just wanted to clarify something about the evidence yesterday about your state of mind at various stages. I just want to remind you of some evidence you gave. At transcript page 2546, these questions and answers, line 40:

And you advised that the speech was okay?---Yes, yes.

You understood that she was relying on you to advise her if that was not the case?---Yes.

You understood that she was relying on you to warn her if there were any risks associated with the speech?---Yes.

And you didn't?---No, I didn't.

No. And you accept you should have, don't you?

And you said:

I do not accept that.

Then you were asked:

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