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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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Ben Roberts-Smith not ‘honest and reliable’, had motives to lie, judge says
Defamation 2023-06-05 5:07 pm By Cat Fredenburgh

A judge has published his reasons for tossing Ben Roberts-Smith’s defamation lawsuits over publications accusing him of war crimes, saying the former SAS corporal was not “honest and reliable”.

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Judge finds Ben Roberts-Smith committed war crimes, tosses defamation claims
Defamation 2023-06-01 2:43 pm By Cindy Cameronne

Former SAS corporal Ben Roberts-Smith has lost his defamation case against Nine-owned Fairfax, with a judge finding Thursday it was true that Australia’s most decorated soldier committed civilian murders in Afghanistan.

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Judgment day looms in Ben Roberts-Smith defamation case
Defamation 2023-05-25 9:53 pm By Sam Matthews

The judge overseeing defamation cases brought by accused war criminal Ben Roberts-Smith will deliver his long-awaited findings next week, ruling on whether allegations of civilian murder in Afghanistan against the country’s most decorated living soldier are substantially true.

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Ex-commando slams ABC’s ‘nonsensical’ argument against damages in defamation case
Defamation 2023-05-16 1:20 pm By Cindy Cameronne

Former Army major Heston Russell has panned the ABC’s argument that it is not liable to pay damages in his defamation case because he identified himself and was given an opportunity to respond to stories that suggested he was involved in murdering an Afghan prisoner.

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