Former SAS soldier Person 10 gives evidence ... Tells Court of being assaulted by Roberts-Smith after mission ... Tells of mock execution on training exercise ... Threat of The Hague if he said he had fired in direction of woman and child ... Courts Editor Stephen Murray reports ... more
Year: 2022
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Former SAS trooper Person 66 objects to giving evidence after being called by respondents ... Justice Besanko declines to require evidence be given ... Respondents case alleges Person 66 ordered by Roberts-Smith to kill detainee ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Assistant minister for defence Andrew Hastie continues in cross-examination ... Says he believes Person 66 was "blooded" on 2012 mission ... "Some bad stuff had happened" ... System had failed ... Person 66 objects to giving evidence on 2012 missions ... Courts Editor Stephen Murray reports ... more
Courtney v Cayman News Service Ltd
Lawyer fails to obtain summary judgment over Cayman Islands reports ... Reports concerned motor vehicle accident in which the lawyer was the driver ... Takes issue with description "hit and run" ... Real prospects of successful defence ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Assistant minister for defence and former SAS captain Andrew Hastie continues his evidence ... Denies being beholden to Nine for indemnification in separate defamation action ... Denies co-dependent relationship with journalists ... Accepts symbiotic relationship ... Feels pity for Roberts-Smith ... Courts Editor Stephen Murray reports ... more
Thunder Studios Inc (California) v Kazal (No. 13)
Injunctions granted against Sydney businessmen ... Follows ruling that they defamed and falsely injured Australian businessman Rodric David ...Contest over proposed order requiring notice to be given to internet platform operators ... Order narrowed down to seven operators ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Assistant defence minister Andrew Hastie gives evidence ... Tells of Roberts-Smith's reputation for bullying fellow soldier ... Junior soldier Person 66 looks nervous on mission ... Person 17 finishes in cross-examination ... Denies "calculated campaign of deceit" over miscarriage ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Person 17, Roberts-Smith's ex-lover, undergoes cross-examination ... Tells of encounter with man on beach who threatened to make public intimate photos if she did not tell Roberts-Smith's then wife of affair ... Of Roberts-Smith: "I was simultaneously in love with him and afraid of him” ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Person 17, the woman with whom Roberts-Smith had an affair, gives evidence ... Speaks of affair ... Tells court of pregnancy ... Surveillance and pregnancy tests ... Tells of assault after gala event in Canberra ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
SAS officer, Person 7, cross-examined for fourth day ... Tells Court he believes credit was stolen by Roberts-Smith and another patrol commander for bravery award ... Wonders where spotter came from in Darwan mission ... Expands on lies and embellishments behind Victoria Cross citation ... Courts Editor Stephen Murray reports ... more
Serious harm
Commentary and analysis … Serious harm … Newman v Whittington … A separate element of the cause of action … When is serious harm determined? … Common law principles unsettled … Publication … Presumption of damage … Significant implications … Statutory interpretation … Professor David Rolph writes … more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
SAS officer, Person 7, continues to be cross-examined ... Denies fabricating accounts of assaults and mock execution following long meeting with Chris Masters ... Senior SAS command's concerns about speaking to media ... Application to revisit public interest immunity ruling ... Courts Editor Stephen Murray reports ... more