Mark O’Brien Legal

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.

Shareholders of failed engineering firm RCR Tomlinson have secured a $40 million settlement in a class action brought over alleged misleading ASX statements.

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.

The judge hearing a trial in defamation cases by former Liberal staffer Bruce Lehrmann against TV broadcasters ABC and Ten has said he expects both Lehrmann and alleged rape victim Brittany Higgins to take the witness stand.

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.