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An appeals court has refused to set aside subpoenas forcing Seven to produce some of the 8,600 emails it exchanged with Ben Roberts-Smith’s solicitors concerning his failed defamation case over alleged war crimes he committed in Afghanistan.
Ben Roberts-Smith has been hit with indemnity costs for his failed defamation case over articles accusing him of war crimes, with a judge agreeing with the publishers that the former SAS corporal knew the allegations were substantially true.
The judge overseeing ex-commando Heston Russell’s defamation case against the ABC over reporting of alleged war crimes will be involved in assessing his costs after media reports put his lawyers’ fees at $2 million.
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.