Lyndelle Barnett

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.

A judge overseeing the defamation trial of former commando Heston Russell said he was “disturbed” by an ABC press release following the broadcaster’s decision to drop its public interest defence on the eve of trial, which was reinstated days later.

A judge hearing closing submissions in Heston Russell’s defamation case against the ABC has expressed “significant reservations” about evidence by the former commando and said that a “less than complete” story could still be protected under the new public interest defence.

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.