Federal Court of Australia to Publish Judgment in Ben Roberts-Smith Appeal on August 14, 2025
Canberra, Australia – The Federal Court of Australia has announced that the judgment in the significant defamation proceedings brought by Mr. Ben Roberts-Smith against Fairfax Media (now Nine Entertainment Co.) and related matters will be published on Thursday, August 14, 2025, at 00:00 AEST.
This announcement marks a pivotal moment in a high-profile case that has captured considerable public attention. Mr. Roberts-Smith, a former Australian soldier and recipient of the Victoria Cross, initiated defamation proceedings against The Age, The Sydney Morning Herald, and The Canberra Times, alleging that articles published by these newspapers in 2018 implied he committed war crimes in Afghanistan and was a murderer.
The defendants, Fairfax Media, sought to defend their reporting on the grounds of truth, arguing that the publications were substantially true. The trial, which concluded in mid-2023, was one of the longest and most complex defamation cases in Australian legal history. It involved extensive evidence, including testimonies from numerous witnesses, including former soldiers, Afghan villagers, and investigative journalists.
Following the conclusion of the trial in the Federal Court, the judgment was delivered by Justice Markweth on June 1, 2023. The outcome of that initial judgment found that Mr. Roberts-Smith had not proven that the publications were defamatory of him, and in fact, that the newspapers had substantially proven their truth in relation to several allegations.
However, Mr. Roberts-Smith subsequently appealed this decision. The appeal process allows for a review of the original judgment to determine if any legal errors were made. The Federal Court’s decision on this appeal will determine the final outcome of the defamation proceedings.
The publication of the judgment on August 14, 2025, will bring a close to this lengthy legal saga. The Federal Court’s decision will be keenly awaited by all parties involved, as well as by those who have followed the case, which has explored complex issues of military conduct, journalism, and the truth. The court’s findings will undoubtedly have significant implications for all involved.
Roberts-Smith v Fairfax Media & related matters (the Appeal)
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