Ben Roberts-Smith has lost an appeal in his long-running defamation case. Here’s why

By Rick Sarre, Emeritus Professor in Law and Criminal Justice, University of South Australia
Ben Livings, Associate Professor in Criminal Law and Evidence, University of South Australia

The full Federal Court has dismissed Ben Roberts-Smith’s appeal to have his defamation case loss overturned.

It is important in seeking to understand this judgement to know the history of the case.

In June 2023, Federal Court Justice Anthony Besanko handed down a 726-page judgement in the defamation case that Roberts-Smith, the most highly decorated serving member of the Australian Defence Force, had brought against Nine Entertainment news outlets.

Reporters for the Sydney Morning Herald, the Canberra Times and The Age had alleged, in 2018, that Roberts-Smith,…

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