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 173 As is well known, and as was explained by the High Court in Hearne v Street [2008] HCA 36; (2008) 235 CLR 125, where one party to litigation is compelled, either by reason of a rule of court, or by reason of a specific order of the court, or otherwise, to disclose documents or information, the party obtaining the disclosure cannot, without the leave of the court, use it for any purpose than that for which it was given unless it is received into evidence. The obligation extends to anyone who receives the documents or information knowing the documents or information have been disclosed by compulsion. The circumstances in which this substantive legal obligation, which I will call the Hearne v Street obligation, no longer subsist are broader than receipt into evidence, but this detail need not detain us: see Treasury Wine Estates Limited v Maurice Blackburn Pty Ltd [2020] FCAFC 226; (2020) 282 FCR 95.

174 After the first Spotlight programme, the broadcast of material apparently subject to the Hearne v Street obligation caused much perturbation on the part of the respondents. Following demands for an explanation, upon instructions, Mr Lehrmann's solicitors repeatedly denied he breached the Hearne v Street obligation (on 5, 8 and 9 June 2023 (Ex R895; R898; and R896); and 10 August 2023 (Ex R897)). His senior counsel, again no doubt acting on express instructions, did the same before me on 9 June 2023. Consistently with the instructions provided to his lawyers, Mr Lehrmann gave evidence during the trial to the effect that he did not give documents to the Seven Network, he just gave an interview (T523.32–7).

175 As I explained at the trial, I am not some sort of roving law enforcement official, and if any issue concerning an alleged breach of the Hearne v Street obligation is to be pursued in relation to anyone, it will not be by me, and it will not be by this Court. My role is more limited: it is to ascertain whether Mr Lehrmann made (or caused to be made) false representations as to this topic. I am comfortably satisfied he did.

176 Three documents or categories of documents were relied upon by Network Ten, namely those the parties agree were either contained in the "AFP eBrief" served on Mr Lehrmann in the criminal proceeding (or make reference to such material), being: (a) 2,312 pages of text messages between Ms Higgins and Mr Dillaway, of which only 17 pages were tendered at the criminal trial (Dillaway Messages); (b) a "Master Chronology" (obviously prepared by Mr Lehrmann's counsel for the purpose of the trial) which contains references to material and documents contained in the eBrief (this is defined elsewhere in these reasons as "MC", being an annexure to the affidavit of Mr Auerbach sworn 2 April 2024); and (c) PDF files of Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369