A judge has awarded ex-commando Heston Russell $390,000 in damages over coverage of alleged war crimes in Afghanistan, in the first ever post-trial judgment in a defamation case to consider the public interest defence.
Former SAS corporal Ben Roberts-Smith has been ordered pay $910,000 in security for costs as he appeals a defamation ruling that found he committed murder in Afghanistan and was not a reliable witness.
In allowing Seven and chairman Kerry Stokes to challenge a ruling granting Fairfax access to 8,600 emails with accused war criminal Ben Roberts-Smith’s legal team, a judge has said they will suffer prejudice if “personally embarrassing” communications are put into evidence.
Seven Network and chairman Kerry Stokes can challenge a ruling allowing Fairfax to access thousands of “deeply personal” emails sent to and from former soldier Ben Roberts-Smith during his defamation case.
A judge has expressed his preliminary view that cases brought in Queensland cannot be thrown out where the costs of the claims are disproportionate to their importance, allowing a defamation case by entrepreneur Robert McVicker against the ABC to proceed.
Subpoenas granting Fairfax access to thousands of emails to and from former soldier Ben Roberts-Smith, represent “a very real and profound intrusion into private affairs,” a court has heard.
The publishers of The Australian and Al Jazeera have failed to persuade a judge to hold a preliminary hearing on the question of whether the nephew of the former prime minister of Cambodia suffered serious harm as a result of publications he says painted him as a criminal.
A judge has thrown out defamation lawsuits by the partner of a man accused of being a Central Coast gang member in coverage by Nine and the Daily Telegraph, finding the stories never identified her.
Former soldier Ben Roberts-Smith and Seven Network, which funded his defamation case, have asked for the Full Federal Court to weigh in on appeals against a decision requiring the production of thousands of emails passing between them, which the broadcaster said has implications for all funded proceedings.
Former SAS soldier Ben Roberts-Smith should pay all costs reasonably incurred by Fairfax in successfully defending itself in his defamation case, which took more than 100 trial days and was an abuse of process, a court has heard.