Defamation

A nose job patient who allegedly defamed his surgeon has been hit with indemnity costs after refusing the surgeon’s “exceptionally generous” offer to settle.

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. 

A judge has dismissed a Paralympian cyclist’s defamation suit over a Facebook comment by a former girlfriend, finding he suffered no serious harm from the comment, which accused him of lying about his disability.

An investigator has failed in his appeal of a $350,000 defamation award for former Perth barrister Lloyd Rayney on the grounds of apprehended bias.

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. 

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.

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.