/ 12 July 2023

Heading back to court

Ben Roberts-Smith arrives at the Federal Court in Sydney, Wednesday, June 16, 2021. Mr Roberts-Smith is suing three former Fairfax newspapers over articles he says defamed him in suggesting he committed war crimes in Afghanistan between 2009 and 2012. (AAP Image/Joel Carrett) NO ARCHIVING
Ben Roberts-Smith arrives at the Federal Court in Sydney, Wednesday, June 16, 2021. Mr Roberts-Smith is suing three former Fairfax newspapers over articles he says defamed him in suggesting he committed war crimes in Afghanistan between 2009 and 2012. (AAP Image/Joel Carrett) NO ARCHIVING

Victoria Cross recipient Ben Roberts-Smith has lodged an appeal over the loss of his landmark defamation case against Nine newspapers last month. That case was dismissed by Federal Court ​​Justice Anthony Besanko, who found claims he committed war crimes and bullied a fellow soldier were substantially true. Roberts-Smith, who adamantly maintains his innocence, has not revealed the grounds of his appeal. And the law firm that brought a previous class action lawsuit on behalf of Robodebt victims is considering a new claim in light of the Royal Commission’s damning findings against those who administered the scheme. The Federal Court approved a $1.8 billion settlement between the Commonwealth and victims in 2021. Now, a new lawsuit alleging misfeasance in public office (aka the failure of public servants to perform their duty) could see the Commonwealth pay damages if it is successful. 

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