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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.
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.
The Office of the Special Investigator has been granted access to sensitive evidence in Ben Roberts-Smith’s unsuccessful defamation case against Fairfax for its investigation into war crimes in Afghanistan.
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.
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.
A judge has dismissed a suit by a former executive producer at Network Ten who claimed she was owed nearly $400,000 in severance pay under an industry award, finding the award did not apply to senior management.
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.