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Ben Roberts-Smith’s former lover in the center of Appeal


“I shouldn’t tell you. I just violated my ethics to do it … if Dean knew that … I would take my ass for me he gave me on a plate,” said McKenzie.

Dean Levitan and Peter Bartlett are lawyers of Minterellison, who recited for the newspapers.

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“(The) reason why I told you that it had to say that, you know we have this, and they are not hostile for you, despite your worst fears. They are not,” McKenzie said in the recording.

Nine, the owner of The Sydney Morning Herald AND AgeHe declared in a declaration of last week: “There is no violation of the legal privilege or ethical concerns. Any claims of a judicial abortion are without foundation and a continuation of the prolonged pale of Paletrop by Ben Roberts-Smith and his media supporters.

“Nine has full confidence in Nick McKenzie’s relationships and actions.”

Roberts-Smith’s application to reopen his appeal to allow the Court to receive evidence relating to the registration should be listened to by the entire Court of the Federal Court rather than by a single judge.

Moses observed that the lawyer of the newspapers, Nicholas Owens, SC, was now a judge of the Federal Court and that it could be “more appropriate” for three judges to listen to the question of one because “one of the people involved is now a seated judge of this Court”.

Ben Roberts-Smith's parents, Len and his, outside the Federal Court of Sydney on Monday.

Ben Roberts-Smith’s parents, Len and his, outside the Federal Court of Sydney on Monday.Credit: Nick Moir

Judge Nye Perram told the parties on Monday that one of the three judges who listened to the appeal, judge Anna Katzmann, “retires to the beginning of June” and “we must conclude”.

The question to reopen the appeal is the first step in the Roberts-Smith offer to overturn his harmful loss of defamation.

In the end, Roberts-Smith is looking for an order that enters his favor or, alternatively, an order that there is a new process.

In a application submitted to court, Roberts-Smith’s lawyers say that there had been a “judicial abortion and a denial of a fair trial” due to the conduct of McKenzie.

They say that there is a “real possibility” that the result of the process would have been different if McKenzie had not engaged in this behavior, and the judge who presides over the process may have made several assessments on the credibility of the person 17 and Roberts, who also proved.

Roberts-Smith’s parents appeared at the Sydney Federal Court on Monday. They told Sky News that the recorded conversation was “extremely worrying”.

In his judgment of 2023, Besanko discovered that the newspapers had proven to be the civil standard-the balance of the probability-Roberts-Smith was involved in the four murders during the deployment in Afghanistan between 2009 and 2012.

Besanko did not find that the stores had shown that they had committed an act of domestic violence against person 17, but in the light of other proven accusations, he discovered that Roberts-Smith’s reputation had not undergone additional damage and that part of his case should be rejected. Roberts-Smith is also trying to have the discovery of not having suffered further reputational damage.

The judge discovered that Roberts-Smith’s behavior towards the person 17 was sometimes “intimidating, threatening and controlling”.



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