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 Senators Cash and Reynolds'] handling of it" and "workplace bullying and harassment" (Ex 59, Draft Statement of Particulars (cl 1.3)).

214 Ms Higgins' claims were compromised, after the criminal trial, on the terms set out in a Deed of Settlement and Release between her and the Commonwealth of Australia (as represented by the Department of Finance) dated 13 December 2022 (Commonwealth Deed) (Ex 59)).

215 Despite the submissions of Mr Lehrmann, I do not consider I should place any significant weight on the fact that Ms Higgins asserted in evidence before me (and before the Commonwealth Deed was produced) that the Commonwealth came "to an agreement that a failure of a duty of care was made" (T1025.28–29). Given the quantum paid by the Commonwealth, as a layperson, she might have come to believe that the Commonwealth must have accepted the underlying merit of her factual and legal claims. Similarly, although Ms Higgins understated the amount the Commonwealth paid to her benefit, this is again perhaps understandable, as like many litigants she was no doubt focused on the net sum she was able to pocket following the payment of disbursements.

216 What is of more importance is that the Commonwealth Deed provided: (a) an express warranty was given by Ms Higgins (cl 7.1(a)) that the matters referred to in the Commonwealth Deed "are true and correct" (including the particulars provided by her to the Commonwealth in support of her claims: see Recital H); (b) that the warranty as to truthfulness was given "with the intention of inducing the Commonwealth" to enter into the Commonwealth Deed (cl 7.1(i)); (c) for an acknowledgment that the Commonwealth was relying upon this and other warranties given by Ms Higgins (cl 7.1(j)); and (d) the Commonwealth was to pay to Ms Higgins (or for her benefit) the total sum of $2,445,000 as "compensation in respect of" claims "potentially available to Ms Higgins" under the Australian Human Rights Commission Act 1986 (Cth), the Sex Discrimination Act 1984 (Cth) and the Disability Discrimination Act 1992 (Cth) (cl 2.1.1, cl 1.1).

217 That is, in broad terms, the payment was made for any potential claim under defined "Statutory Causes of Action" and was given in exchange for releases (cl 4) – except that those releases did not extend to releasing Senator Reynolds and Senator Cash from any actions that "do not relate to the performance or non-performance of their ministerial duties; or fines or penalties" (cl 4.2). Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369