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Retiring judge who presided over Ben Roberts-Smith case praised as ‘masterful’
Courts 2024-05-06 11:18 pm By Cat Fredenburgh

Federal Court Justice Anthony Besanko was praised as hard working, a “model of humility and generosity” and “masterful” during a farewell ceremony on Monday attended by a host of legal luminaries.

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Sydney lawyer’s defamation claims don’t pass serious harm test, appeals court finds
Defamation 2024-04-17 4:27 pm By Andy Sidler

The Full Court has clarified that a prior bad reputation is relevant to determining whether a defamation plaintiff has suffered serious harm, tossing an appeal by a Sydney lawyer who lost her case over an article related to her conviction for an alleged $16,000 scam at David Jones, which was later overturned.

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Liberty Group’s ‘trust silo’ not used to avoid tax on $98M, appeals court finds
Tax 2024-03-27 10:28 pm By Cindy Cameronne

In a loss for the Australian Taxation Office, an appeals court has found that the Liberty Group’s use of corporate and trust ‘silos’ was not an unlawful tax avoidance scheme.

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SARB scores partial win on appeal in Melbourne city parking patent case
Intellectual Property 2024-02-13 11:49 pm By Christine Caulfield

Technology company SARB has partially succeeded in a challenge to a ruling that it infringed a rival’s intellectual property in its development of a parking system used by the City of Melbourne, with an appeals court finding a judge made an error in his reading of the claims of one patent at issue.

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No evidence Ben Roberts-Smith given full benefit of presumption of innocence, appeals court told
Defamation 2024-02-05 11:34 pm By Sam Matthews

The judge who found that disgraced soldier Ben Roberts-Smith committed war crimes in Afghanistan did not show “full consideration of the presumption of innocence” in his defamation case, an appeals court has heard. 

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Kerry Stokes can’t see Fairfax’s itemised legal bill in Ben Roberts-Smith case
Defamation 2023-12-21 12:41 pm By Cindy Cameronne

Billionaire Kerry Stokes has lost his challenge to paying in lump sum Fairfax’s legal fees in defending Ben Roberts-Smith’s failed defamation case over war crimes allegations, having argued for an itemised bill after the Seven West Media chair agreed to foot the costs on an indemnity basis.

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Kerry Stokes ‘in the dark’ about costs in Ben Roberts-Smith defamation case, court told
Nicholas Owens 2023-12-12 10:27 pm By Cindy Cameronne

Billionaire Kerry Stokes and Nine-owned Fairfax are fighting about how to calculate costs for Ben Roberts-Smith’s failed defamation case after the Seven West Media chair agreed to foot the legal bill on an indemnity basis.

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Kerry Stokes to pay costs of Ben Roberts-Smith’s failed defamation case
Defamation 2023-12-11 10:03 pm By Cat Fredenburgh

Seven West Media chair Kerry Stokes has agreed to pay the costs of Ben Roberts-Smith’s failed defamation case, sparing the billionaire from producing thousands of emails exchanged with Roberts-Smith’s solicitors about the case. The Stokes-owned Australian Capital Equity has acquiesced to a third-party costs order sought by Nine-owned Fairfax, according to a Federal Court order…

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Seven must produce emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-11-30 1:33 pm By Cindy Cameronne

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.

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Ben Roberts-Smith hit with indemnity costs for failed defamation case
Defamation 2023-11-28 5:30 pm By Cat Fredenburgh

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.

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