A federal court has ordered Kerry Stokes, chair of Seven West Media, to pay approximately $13.5 million in legal costs to companies he unsuccessfully sued for defamation on behalf of former soldier Ben Roberts-Smith. This ruling comes after a high-profile defamation case that concluded in June 2023, where Roberts-Smith’s allegations of being defamed as a war criminal were dismissed.
The costs, determined by a federal court registrar, include $13.3 million for legal fees and an additional $225,000 related to the costs assessment. This judgment comes shortly after the High Court of Australia declined to hear an appeal from Roberts-Smith, effectively upholding the previous decision made by Justice Anthony Besanko.
The defamation case, initiated by Roberts-Smith against The Age, The Sydney Morning Herald, and the Canberra Times, revolved around reports published in 2018. These reports alleged that he was involved in serious misconduct, including the murder of four unarmed civilians while serving in the Australian Special Air Service (SAS) in Afghanistan, as well as acts of bullying and intimidation. Justice Besanko ruled that the newspapers had successfully proven their claims to the civil standard of the balance of probabilities.
Roberts-Smith, a recipient of the Victoria Cross, has consistently denied any wrongdoing. The total costs associated with the legal proceedings have been estimated to be between $30 million and $40 million. Following the verdict of his defamation case, Roberts-Smith resigned from his position as general manager of Seven Queensland, a role he had held since 2015.
Stokes has been a vocal supporter of Roberts-Smith, providing both financial and public backing throughout the legal battles. At Seven West Media’s annual general meeting in 2022, he stated, “Ben Roberts-Smith is innocent and deserves legal representation and that scumbag journalists should be held to account. And quote me on that.”
Despite Stokes’ support, the legal outcome has placed significant financial pressure on his private company, Australian Capital Equity Pty Ltd (ACE). The court’s decision underscores the complexities surrounding defamation law in Australia, particularly concerning high-profile individuals and the media.
As the implications of this case continue to unfold, it highlights the significant costs associated with legal proceedings in the realm of defamation, especially for those seeking to protect their reputations against damaging claims.
