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Roberts-Smith wants judge to recuse himself from deciding if OSI can see evidence
Arthur Moses 2023-08-07 1:03 pm By Cindy Cameronne

Ben Roberts-Smith has argued a judge should recuse himself from deciding if the Office of the Special Investigator can access his defamation court file, arguing the public might think he was biased and wanted to “further” his findings that the former SAS corporal committed war crimes.  In a case management hearing on Monday, Arthur Moses…

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ABC journalist named in Heston Russell defamation case questioned on credibility of key source
ABC 2023-08-01 10:28 pm By Cindy Cameronne

A judge has questioned an ABC journalist who is the target of a defamation case by ex-commando Heston Russell if he should have treated a key source who another source called a “showpony” more cautiously while reporting on alleged war crimes in Afghanistan. 

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Seven, Kerry Stokes must hand over emails exchanged with Ben Roberts-Smith’s lawyers
Addisons 2023-07-31 11:39 pm By Cindy Cameronne

Fairfax can see 8,600 emails that passed between Seven’s commercial director and Ben Roberts-Smith’s legal team as it seeks significant defence costs in the accused war criminal’s unsuccessful defamation case, a judge has ruled. 

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Public interest defence not defined by truth, ABC tells court in Heston Russell defamation case
ABC 2023-07-31 9:26 pm By Cindy Cameronne

The Australian Broadcasting Corporation has defended its reporting of alleged war crimes in a defamation case by ex-commando Heston Russell, saying the debate over whether its stories were in the public interest “rises well above truth”. 

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ABC source for Heston Russell articles told reporter his memory was ‘hazy’, court hears
ABC 2023-07-28 10:06 pm By Cindy Cameronne

A source for ABC articles over alleged war crimes that are at the centre of a defamation case by ex-commando Heston Russell told reporters his memory of the events was “hazy”, a court heard Friday.

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8,600 emails passed between Seven and Ben Roberts-Smith’s defamation lawyers, court told
Addisons 2023-07-27 1:41 pm By Cindy Cameronne

A “striking” 8,600 emails passed between Seven’s commercial director and Ben Roberts-Smith’s legal team, suggesting the media company was actively involved in the unsuccessful defamation case, Fairfax has argued as it seeks significant defence costs.

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Fairfax wants Seven, Herbert Smith Freehills emails in Ben Roberts-Smith case
Addisons 2023-07-21 2:11 pm By Cindy Cameronne

Seven Network and law firms Herbert Smith Freehills and Addisons are fighting Fairfax’s bid for communications relating to Ben Roberts-Smith’s unsuccessful defamation case, as the publisher seeks its significant defence costs. 

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ABC revives public interest defence in ex-commando’s defamation case
ABC 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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SkyCity may test AUSTRAC’s mettle at trial, judge says
Allens 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 drops defence in ex-commando defamation suit to guard source’s identity
ABC 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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