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Defamation

This Month

Kerry Stokes and Ben Roberts-Smith.

BRS emails to stay secret after Stokes agrees to cover Nine’s costs

Kerry Stokes has agreed to pay the costs of Ben Roberts-Smith’s failed defamation case, meaning a cache of emails between the billionaire, his corporate fixer and the disgraced soldier’s legal team will stay secret.

  • Updated
  • Max Mason

November

Brittany Higgins arrives at the Federal Court.

Higgins bristles as Lehrmann silk disputes her evidence

Brittany Higgins spent hours being interrogated over the credibility of her evidence about what happened to her in a Parliament House office in 2019.

  • Updated
  • Sam Buckingham-Jones
 Ben Roberts-Smith was backed by billionaire Kerry Stokes.

Stokes, Seven lose fight to keep Roberts-Smith emails under wraps

Nine Entertainment is pursuing Australian Capital Equity and Seven for costs for the disgraced soldier’s failed defamation action.

  • Max Mason
Brittany Higgins arriving at court on Wednesday morning.

Higgins texts revealed: ‘How could he leave me there like that?’

On day six of Bruce Lehrmann’s defamation trial against Network Ten and Lisa Wilkinson, Brittany Higgins sobbed as she described her alleged rape in detail.

  • Sam Buckingham-Jones

Higgins contacted Lehrmann twice after alleged rape, court told

The former Liberal staffer is being cross-examined in a Federal Courtroom over inconsistencies in his side, denying he sexually assaulted Brittany Higgins.

  • Sam Buckingham-Jones
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Bruce Lehrmann outside court

Why judge refused Ten’s plea to take Lehrmann trial offline

Open justice has been on trial in the Lehrmann v Ten defamation case.

  • Michael Pelly

Lehrmann was ‘utterly destroyed’ by Ten program, court told

After The Project aired an interview with Brittany Higgins, everyone else in a Facebook Messenger group that Bruce Lehrmann was part of suddenly left.

  • Updated
  • Sam Buckingham-Jones

October

Former special forces soldier Heston Russell has been awarded $390,000 in his defamation case against the ABC.

Judge lashes ABC’s PR strategies

It’s all fun and games to fire off at gadfly commentators. Doing so at judges, even if only by implication, is an altogether dicier proposition.

  • Myriam Robin
Elon Musk is being sued by a student misidentified as an extremist.

How Elon Musk could beat his latest defamation lawsuit

The billionaire is no stranger to the courts when it comes to comments he’s made on social media.

  • Stephen Carter

September

Former Yale student Saifullah Khan outside the courthouse where he was acquitted of raping a fellow student.

Cleared of rape, a university student sues for defamation

A woman’s allegation led to the expulsion from Yale of Saifullah Khan, who is seeking $170 million through a lawsuit that could end her anonymity.

  • Vimal Patel

August

Linda Reynolds claims Brittany Higgins defamed her in an Instagram story and Twitter post last month.

Brittany Higgins sued by former minister over social media posts

The writ in the WA Supreme Court is the latest manoeuvre in a bitter fallout between Brittany Higgins and her former employer Senator Linda Reynolds.

  • Ronald Mizen

July

Ex-SAS commando Heston Russell in March this year.

ABC accused of ‘abuse of power’ in ex-commando’s defamation trial

Former Australian Army commando Heston Russell is suing the ABC for suggesting he was involved in the killing of an Afghan prisoner in 2012.

  • Sam Buckingham-Jones
Ben Roberts-Smiths parents Len Roberts-Smith and Sue Roberts-Smith arriving at the Federal Court. February 16, 2022.

Defamation runs in the Roberts-Smith family

In 2013, Ben’s mother Sue Roberts-Smith launched defamation action against a colleague at Perth’s Swan Valley Anglican Community School.

  • Joe Aston
Ben Roberts-Smith at Perth Airport last month.

Ben Roberts-Smith appeals major defamation loss

The Victoria Cross winner has lodged a notice of appeal after Justice Anthony Besanko found Roberts-Smith broke the rules of war and disgraced his country.

  • Max Mason
Former Clayton Utz lawyer Bridgette Styles

High profile #MeToo client rides to the defence of embattled top silk

As defamation barrister Sue Chrysanthou faces a reprimand from the NSW Bar Council, a former client and lawyer has rushed to her defence.

  • Samantha Hutchinson
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Conflict over conflict of interest: Christian Porter, Sue Chrysanthou, SC, Jo Dyer.

Bar Council spruiks top silk, as it ponders reprimanding her

The NSW Legal Services Commission is weighing up a recommendation to reprimand barrister Sue Chrysanthou after she represented former attorney-general Christian Porter.

  • Samantha Hutchinson

June

The conduct of war hero Ben-Roberts Smith during the defamation “trial of the century” could prove costly.

Papers chase Roberts-Smith for $10m

The conduct of war hero Ben-Roberts Smith during the defamation “trial of the century” could prove costly.

  • Michael Pelly
ADF

Judge condemns cowardice in the courtroom

The full judgment in the Ben Roberts-Smith case is a damning indictment of the war hero.

  • Michael Pelly
News reports that Ben Roberts-Smith is a war criminal and murderer were true, a court said.

Judge rules Ben Roberts-Smith ‘not an honest and reliable witness’

While polite in the box giving evidence, Australia’s most decorated soldier was ultimately a liar, a Federal Court judge ruled.

  • Max Mason
Ben Roberts-Smith at the start of the defamation action in 2021.

Holding heroes to account bolsters our democracy

Dogged journalists and courageous soldier-witnesses made sure that even a Victoria Cross could not stop the truth of a flawed hero coming out.

  • The AFR View