Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/65

 a party might seek to tender the document, my client may wish to be heard in relation to that application, because it has, for example, certain particulars about her that .....

HIS HONOUR: I certainly give – I would be disposed, now that it has been produced, to give access to the parties, but I certainly, Mr Zwier, would give your client the opportunity of being heard in relation to any matter she wishes to be heard to before it would be tendered.

MR ZWIER: Thank you, your Honour.

HIS HONOUR: And also seek whatever confidentiality orders that it might be thought appropriate to seek, even if it was tendered. So, thank you very much.

229 An application was made for access and granted. The next day, the following relevantly took place (T1158):

HIS HONOUR: At page 1078 to 79 of the transcript, the document was produced by the solicitor for Ms Higgins. No objection was made to access to the legal practitioners. Although, an objection was made to access to other persons, and you will recall that I said, well, I'm not going to make it an access order simply to legal practitioners, so, therefore, access [was] exercised by each of the parties. I did, however, indicate that I would give Ms Higgins the opportunity to be heard in relation to any confidentiality order, so I think the appropriate course is for me, if you're proposing to tender it, to tender it, mark it, but I will make–I won't make an interim confidentiality order, but what I will say is I will not allow access to any non-party to the document at present until, say, 4 pm today. So if there's an application that can be made, it can be made ---

MR WHYBROW: Your Honour, I can indicate that ---

HIS HONOUR: --- at the conclusion of the day.

MR WHYBROW: --- yesterday evening, we advised Mr Zwier that, in accordance with what he said in the transcript of our intention to tender the deed of settlement, and in open correspondence, he replied and added:

Strictly and private confidential –

to the header, so I'm not sure if ---

HIS HONOUR: Well, do you want to show it to me? I don't want to–first, and then–if you think it's consistent with me seeing, I just ---

MR WHYBROW: Yes, I do, your Honour. It's consistent with what is expressed ---

HIS HONOUR: Is everyone happy at the bar table for me to see this letter?

DR COLLINS: Yes, your Honour.

HIS HONOUR: Yes. Well, I'm sorry, but if someone wants to make application in respect of confidentiality of a document of which unopposed access has been given to the parties, then they should do it today.

MR WHYBROW: Yes.

HIS HONOUR: And I will allow them to do it today, and is your – do you propose to make an application to further re-examination [sic] Ms Higgins in relation to the

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