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Public interest defence not defined by truth, ABC tells court in Heston Russell defamation case
Defamation 2023-07-31 9:26 pm By Cindy Cameronne

The Australian Broadcasting Corporation has defended its reporting of alleged war crimes in a defamation case by ex-commando Heston Russell, saying the debate over whether its stories were in the public interest “rises well above truth”. 

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ABC source for Heston Russell articles told reporter his memory was ‘hazy’, court hears
Sue Chrysanthou 2023-07-28 10:06 pm By Cindy Cameronne

A source for ABC articles over alleged war crimes that are at the centre of a defamation case by ex-commando Heston Russell told reporters his memory of the events was “hazy”, a court heard Friday.

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8,600 emails passed between Seven and Ben Roberts-Smith’s defamation lawyers, court told
Defamation 2023-07-27 1:41 pm By Cindy Cameronne

A “striking” 8,600 emails passed between Seven’s commercial director and Ben Roberts-Smith’s legal team, suggesting the media company was actively involved in the unsuccessful defamation case, Fairfax has argued as it seeks significant defence costs.

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Fairfax wants Seven, Herbert Smith Freehills emails in Ben Roberts-Smith case
Defamation 2023-07-21 2:11 pm By Cindy Cameronne

Seven Network and law firms Herbert Smith Freehills and Addisons are fighting Fairfax’s bid for communications relating to Ben Roberts-Smith’s unsuccessful defamation case, as the publisher seeks its significant defence costs. 

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SkyCity may test AUSTRAC’s mettle at trial, judge says
AUSTRAC 2023-07-14 9:36 pm By Cindy Cameronne

SkyCity may be the first company to test the strength of AUSTRAC’s claims in court, according to a judge who recently said in a separate case that the regulator’s habit of agreeing to penalties could give rise to a “moral hazard”.

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ABC revives public interest defence in ex-commando’s defamation case
Defamation 2023-07-14 10:16 pm By Cindy Cameronne

The Australian Broadcasting Corporation has won its “highly unusual” application to reinstate its defence in a defamation case by ex-commando Heston Russell, after dropping it earlier this week in a bid to protect a source’s identity.

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ABC drops defence in ex-commando defamation suit to guard source’s identity
Defamation 2023-07-12 10:54 pm By Cindy Cameronne

The Australian Broadcasting Corporation has dropped its only remaining defence in a defamation case by ex-commando Heston Russell over articles that alleged he was involved in war crimes, citing promises to protect a source’s identity. 

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Ben Roberts-Smith appeals after court finds he committed war crimes
Appeals 2023-07-11 3:27 pm By Cindy Cameronne

Former SAS corporal Ben Roberts-Smith has filed an appeal after he lost his defamation case against Nine-owned Fairfax in a ruling that found he committed murder in Afghanistan and was not a reliable witness. 

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HSF, Seven can’t set aside Nine’s subpoenas in Ben Roberts-Smith case
Defamation 2023-07-05 11:42 pm By Sam Matthews

Seven and law firm Herbert Smith Freehills have lost a bid to set aside subpoenas issued by Fairfax, as the publisher seeks third party costs orders against Seven for funding disgraced soldier Ben Roberts-Smith’s unsuccessful defamation case.

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Investigator wants evidence in Ben Roberts-Smith case, as Fairfax seeks costs from Seven, Stokes
Defamation 2023-06-29 2:16 pm By Cindy Cameronne

The office of the special investigator wants access to evidence in Ben Roberts-Smith’s failed defamation case, a court has heard, while Fairfax says it needs to see invoices from Herbert Smith Freehills to the soldier’s financial backer, Seven chairman Kerry Stokes, in its bid for costs.

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