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A judge has denied Fairfax's bid to strike out allegations by a Western Australian businessman that it was the publisher of allegedly defamatory comments that appeared on one of its Facebook pages.
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.
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.
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.
A judge who found that Ben Roberts-Smith committed war crimes has recused himself from deciding whether the Office of the Special Investigator can access evidence in the former SAS corporal's defamation case for its own investigation into war crimes in Afghanistan.
A judge has rejected a request by lawyers for Seven and the TV network's billionaire chairman, Kerry Stokes, to issue a correction to his published decision ordering the production of over 8,600 emails exchanged with Ben Roberts-Smith’s lawyers in a defamation case.
Fairfax can see 8,600 emails that passed between Seven’s commercial director and Ben Roberts-Smith’s legal team as it seeks significant defence costs in the accused war criminal’s unsuccessful defamation case, a judge has ruled.