Ben Roberts-Smith wins access to private emails in defamation case

over a series of stories starting in June 2018 that he alleges accused him of war crimes and an act of domestic violence against a woman with whom he was having an extramarital affair. He denies all wrongdoing.Of the communications, three of the emails contained information that lawyers acting for the newspapers had argued were developed for the purposes of obtaining legal advice and therefore privileged.

Additionally, the contents of a private conversation between lawyers representing the papers and Mr Richter, which was conveyed by Mr Richter to Department of Defence lawyer Anthony Reilly, must also be handed over. The news outlets are relying on a defence of truth to defend their claims, and have applied to the Federal Court to call Person 56 as a witness when the trial resumes next year.

The court had previously found that a report prepared by investigative journalist Ross Coulthart, a former reporter for Channel Seven, which summarised allegations and rumours about Mr Roberts-Smith would remain secret, after it found it could not be used because it was covered by legal privilege.

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