The three publishers that successfully defended Ben Roberts-Smith’s defamation cases over their war crimes reporting are seeking to hit Seven Network with their legal bills after it financially backed the former soldier.
On Thursday, the Federal Court heard costs would be sought from Seven and Kerry Stokes’ private company Australian Capital Equity which both entered into loan agreements with Roberts-Smith to support his lawsuits.
The lawsuits relate to a number of 2018 reports published by two Nine-owned publications, The Age and The Sydney Morning Herald, as well as The Canberra Times about SAS personnel while deployed in Afghanistan.
The legal costs are estimated to be more than $25 million for both the former soldier and the media companies.
Representing the news organisations, barrister Nicholas Owens SC said his clients would chase costs from Seven and ACE which signed loan agreements with Roberts-Smith.
These agreements included terms that Seven and ACE’s lawyers could have “oversight and management” of the defamation lawsuits.
Owens said his clients were also seeking indemnity costs from Roberts-Smith. These orders are typically granted by the court in lawsuits which were frivolous, hopeless or doomed to fail.
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The former SAS corporal has agreed he will have to pay indemnity costs after March 17, 2020.
However, he is fighting suggestions that he be stuck with the bill before that date.
A two-day hearing for the costs applications against Roberts-Smith, Seven and ACE will commence in the Federal Court on September 4.
On that date, Justice Besanko will also hear a bid by the Commonwealth to let the Office of the Special Investigator access evidence used in the civil lawsuits in its criminal investigations over alleged war crimes in Afghanistan.
If you are a current or former ADF member, or a relative, and need counselling or support, you can contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046.
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