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 have already explained my general approach to the evidence of various witnesses, and it would expand an already burdensome judgment to proceed otherwise, particularly when the important facts leading up to and following the incident emerge fairly clearly; secondly, the evidence ranged far and wide and a number of incidents recounted have no bearing on the resolution of the case, hence I will try to avoid making findings on immaterial matters; thirdly, from time to time I make reference to the transcript – these references are not necessarily meant to be exhaustive references but are often illustrative, and point to an example of where the relevant evidence can be usefully found; and fourthly, and most significantly, at Section I below, I make findings as to the relevant post-incident conduct, which was the subject of much and disputed evidence; although these findings are located chronologically, and after I have expressed my conclusions on the substantial truth defence, I have taken them into account in forming views as to credit and in reaching my ultimate conclusion on the substantial truth defence.

G.1Pre-Incident Events

IThe Reynolds' Office

338 In the Reynolds' office, there was a clear pecking order. Although Ms Higgins overstated the seniority of Mr Lehrmann in her 2021 accounts to Ms Maiden and the Project team, Mr Lehrmann was more senior than Ms Higgins in his role as policy advisor, while Ms Higgins was an administrative officer and junior media advisor. I am not satisfied the issue of Mr Lehrmann "bullying" Ms Higgins had been escalated within the office as Ms Higgins asserted in 2021, but accept Mr Lehrmann would give her tasks, such as organising a new phone list so that Mr Lehrmann was listed at a particular spot and moving a fridge, which Ms Higgins recalled as being "particularly annoying" tasks (T602.16–603.9). Whether she actually did feel like Mr Lehrmann's secretary (T934.20) is unnecessary to resolve, but what matters is that she did feel he was in a position of power in the office and in his dealings with her.

339 The office was in a state of flux, owing to the Senator's recent change in portfolio, and the spectre of the May 2019 federal election, which most observers confidently expected the Coalition Government would lose. Many of the Ministerial staff were in what is known as a "deferral period", when a person is temporarily employed by a Minister pending the final selection of Ministerial staff (T87–88). Mr Lehrmann was in a deferral period of approximately one month following Senator Reynolds' swearing-in to the portfolio of Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369