Federal Court Delivers Significant Costs Decision in Roberts-Smith v Fairfax Media Publications Pty Ltd
Canberra, Australia – September 4, 2025 – The Federal Court of Australia has today issued a substantial judgment concerning the costs of the protracted defamation proceedings between Mr. Ben Roberts-Smith and Fairfax Media Publications Pty Ltd. The decision, published as Roberts-Smith v Fairfax Media Publications Pty Ltd (Costs) [2025] FCAFC 122, marks a significant development in a case that has garnered considerable public and media attention.
The judgment, handed down by the Full Federal Court, addresses the complex and substantial costs incurred by both parties throughout the defamation litigation. These proceedings, which commenced several years ago, involved allegations of defamation against Fairfax Media (now known as Nine Entertainment Co.) concerning articles published about Mr. Roberts-Smith’s military service.
In the initial defamation trial, which concluded in 2023, the Court found that Mr. Roberts-Smith had not proven defamation on the balance of probabilities, meaning the publications were not found to be defamatory as alleged. This outcome led to the question of who would bear the significant legal costs associated with such an extensive trial.
The costs judgment delivered today outlines the Court’s determination regarding the apportionment of these expenses. It is common in litigation of this magnitude for the losing party to be ordered to pay a portion, or in many cases, the majority, of the winning party’s legal costs. However, the specifics of such orders can be intricate, taking into account various factors including the conduct of the parties during the litigation, the complexity of the issues, and the reasonableness of the costs claimed.
While the full details of the judgment are extensive, the core of the decision is understood to involve the Court’s careful consideration of the various claims and defences put forward by each party. The Federal Court, in its decision, would have meticulously reviewed the invoices, legal strategies, and overall conduct of the litigation to arrive at a just and equitable outcome regarding the costs.
This costs judgment is a crucial postscript to the substantive defamation proceedings. It underscores the significant financial implications that can arise from high-profile legal battles. The decision provides clarity on the financial responsibilities stemming from the case and will be of considerable interest to legal practitioners and those involved in understanding the financial realities of complex litigation in Australia.
The Federal Court’s comprehensive approach to determining costs in such significant matters aims to ensure fairness and to deter frivolous or vexatious litigation, while also reflecting the outcome of the substantive legal dispute. Today’s judgment is a testament to the thoroughness with which the Court approaches these critical aspects of the legal process.
Roberts-Smith v Fairfax Media Publications Pty Ltd (Costs) [2025] FCAFC 122
AI has delivered the news.
The answer to the following question is obtained from Google Gemini.
judgments.fedcourt.gov.au published ‘Roberts-Smith v Fairfax Media Publications Pty Ltd (Costs) [2025] FCAFC 122’ at 2025-09-04 10:30. Please write a detailed article about this news in a polite tone with relevant information. Please reply in English with the article only.