Ben Roberts-Smith - Online File

Last updated: 13 August 2021

The Federal Court has established this online file in view of the public interest. Documents will be placed here when considered publicly accessible. This is the only way documents can be viewed by third parties. Applications for access to the registry are therefore unnecessary.

Orders and judgments are published on the Commonwealth Courts Portal.

There are five related matters:



NSD1485/2018: Ben Roberts-Smith v Fairfax Media Publications Pty Ltd

Date published to website
Document Date
Document Title
Filed by
13 August 20216 April 2021 Amended interlocutory application (PDF, 335 KB)Respondent
13 August 202130 April 2021 Interlocutory application (PDF, 299 KB)Applicant
13 August 20213 May 2021 Interlocutory application (PDF, 340 KB)Applicant
13 August 20216 April 2021 Affidavit of Peter Bartlett (PDF, 648 KB)Respondent
13 August 202122 April 2021 Affidavit of Peter Bartlett (PDF, 17.9 MB)Respondent
13 August 202130 April 2021 Affidavit of Paul Svilans (PDF, 3.8 MB)Applicant
13 August 202130 April 2021 Submissions (PDF, 503 KB)Applicant
13 August 20213 May 2021 Affidavit of Justine Munsie (PDF, 649 KB)Person 35
13 August 20213 May 2021 Affidavit of Scott Lee (PDF, 20.8 MB)AFP
13 August 20213 May 2021 Submissions (PDF, 550 KB)AFP
13 August 20214 May 2021 Affidavit of James Gaynor (PDF, 1.6 MB)Commonwealth
13 August 20214 May 2021 Submissions (PDF, 1.5 MB)Commonwealth
13 August 20216 May 2021 Submissions(PDF, 385 KB)Respondent
13 August 20217 May 2021 Submissions(PDF, 520 KB)Applicant
3 August 20212 August 2021Judgment [2021] FCA 893
30 July 202119 July 2021 Judgment [2021] FCA 824
29 July 202124 June 2021Exhibit R45 (PDF, 243 KB)Respondent
29 July 202124 June 2021Exhibit R46 (PDF, 502 KB)Respondent
29 July 202124 June 2021Exhibit R47 (PDF, 22 KB)Respondent
29 July 202124 June 2021Exhibit R48 (PDF, 1.9 MB)Respondent
29 July 202124 June 2021Exhibit R52 (PDF, 1.7 MB)Respondent
3 August 202124 June 2021Exhibit R55 - Redacted (PDF, 1 MB)Respondent
27 July 202117 June 2021Exhibit R2 (PDF, 6.3 MB)Respondent
27 July 202117 June 2021Exhibit R3 (PDF, 2.4 MB)Respondent
27 July 202117 June 2021Exhibit R4 (PDF, 1.8 MB)Respondent
27 July 202118 June 2021Exhibit R8 (PDF, 13 MB)Respondent
27 July 202118 June 2021Exhibit R10 (PDF, 2.1 MB)Respondent
27 July 202118 June 2021Exhibit R11 (PDF, 3.5 MB)Respondent
27 July 202118 June 2021Exhibit R14 (PDF, 958 KB)Respondent
27 July 202118 June 2021Exhibit R15 (PDF, 873 KB)Respondent
27 July 202123 June 2021Exhibit R36 (PDF, 2 MB)Respondent
21 July 202119 July 2021 Judgment [2021] FCA 818
14 July 2021 14 July 2021 Judgment [2021] FCA 793
9 July 202111 June 2021Exhibit A16 (PDF, 324 KB)Applicant
9 July 202111 June 2021Exhibit A17 (PDF, 1.4 MB)Applicant
9 July 202111 June 2021Exhibit A18 (PDF, 890 KB)Applicant
9 July 202111 June 2021Exhibit A19 (PDF, 3.3 MB)Applicant
9 July 202115 June 2021Exhibit A28 (PDF, 992 KB)Applicant
9 July 202115 June 2021Exhibit A34 (PDF, 215 KB)Applicant
8 July 2021 29 June 2021 Judgment [2021] FCA 764
29 June 2021 24 June 2021 Second further amended defence to statement of claim (PDF, 487 KB) Respondent
24 June 20213 June 2021Further amended defence to statement of claim (PDF, 497 KB)Respondent
17 June 202110 June 2021Respondents' witness list (PDF, 362 KB)Respondent
17 June 20217 June 2021Applicant's witness list (PDF, 111 KB)Applicant
11 June 20217 June 2021Exhibit A2 - Publication containing the first matter complained of in NSD1485/2018 (PDF, 6.5 MB)Applicant
11 June 20217 June 2021 Exhibit A3 - Publication containing the third matter complained of in NSD1485/2018 (PDF, 1.2 MB)Applicant
11 June 20217 June 2021 Exhibit A4 - Publication containing the fifth matter complained of in NSD1485/2018 (PDF, 5.5 MB)Applicant
11 June 202110 June 2021 Exhibit A12 - After Action Report K2 Op Task Vic Chora 31 May 06 - 02 June 06 (PDF, 1.9 MB)Applicant
11 June 202110 June 2021 Exhibit A13 - Single page, Infil route for W108 and W109 clearances 12 Apr (PDF, 587 KB)Applicant
11 June 202110 June 2021 Exhibit A14 - Five photographs of tunnel (PDF, 3.5 MB)Applicant
3 June 20211 June 2021Judgment: [2021] FCA 582 
2 June 20212 June 2021Judgment: [2021] FCA 584 
28 May 202124 May 2021Judgment: [2021] FCA 552 
25 May 202121 May 2021Judgment: [2021] FCA 549 
23 April 202123 April 2021Judgment: [2021] FCA 396 
1 April 20211 April 2021Judgment: [2021] FCA 317 
18 February 202123 December 2020Judgment: [2020] FCA 1850 
11 November 202011 November 2020Judgment: [2020] FCA 1630 
9 September 20207 September 2020Judgment: [2020] FCA 1296 
8 September 20208 September 2020Judgment: [2020] FCA 1285 
2 September 202031 August 2020Affidavit of Paul Svilans (PDF, 1.4 MB)Applicant
2 September 20207 August 2020Affidavit of Fiona Sneath (PDF, 14 MB)Inspector General of the Australian Defence Force
31 July 202028 July 2020Judgment: [2020] FCA 1067
16 July 20209 July 2020Interlocutory application (PDF, 1 MB)Commonwealth of Australia
8 May 20208 May 2020Judgment: [2020] FCA 614 
October 20191 October 2019Judgment [2019] FCA 1626 
29 January 201925 January 2019Judgment: [2019] FCA 36
14 January 201931 October 2018Expert report of K Buczynski (redacted) (PDF, 2.7 MB)Respondent
14 January 201919 October 2018Affidavit of Person 17 (redacted) (PDF, 11 MB)Potts Lawyers
15 January 201919 October 2018Affidavit of B (redacted) (PDF, 4 MB)Respondent
15 January 201919 October 2018Affidavit of Dean Levitan (redacted) (PDF, 7.9 MB)Respondent
14 January 201916 October 2018Interlocutory application (PDF, 359 KB)Commonwealth of Australia
15 January 201916 October 2018Affidavit of Gregory Bilton (redacted) (PDF, 2.7 MB)Commonwealth of Australia
14 January 201916 October 2018Interlocutory application (PDF, 327 KB)Respondent
14 January 201916 October 2018Defence to statement of claim (PDF, 410 KB)Respondent
14 January 201917 August 2018Statement of claim (PDF, 9.6 MB)Applicant
14 January 201917 August 2018Originating application (PDF, 335 KB)Applicant

 

NSD1486/2018: Ben Roberts-Smith v The Age Company Pty Ltd

Date published to website
Document Date
Document Title
Filed by
13 August 20216 April 2021 Amended interlocutory application (PDF, 335 KB)Respondent
13 August 202130 April 2021 Interlocutory application (PDF, 299 KB)Applicant
13 August 20213 May 2021 Interlocutory application (PDF, 340 KB)Applicant
13 August 20216 April 2021 Affidavit of Peter Bartlett (PDF, 648 KB)Respondent
13 August 202122 April 2021 Affidavit of Peter Bartlett (PDF, 17.9 MB)Respondent
13 August 202130 April 2021 Affidavit of Paul Svilans (PDF, 3.8 MB)Applicant
13 August 202130 April 2021 Submissions (PDF, 503 KB)Applicant
13 August 20213 May 2021 Affidavit of Justine Munsie (PDF, 649 KB)Person 35
13 August 20213 May 2021 Affidavit of Scott Lee (PDF, 20.8 MB)AFP
13 August 20213 May 2021 Submissions (PDF, 550 KB)AFP
13 August 20214 May 2021 Affidavit of James Gaynor (PDF, 1.6 MB)Commonwealth
13 August 20214 May 2021 Submissions (PDF, 1.5 MB)Commonwealth
13 August 20216 May 2021 Submissions(PDF, 385 KB)Respondent
13 August 20217 May 2021 Submissions(PDF, 520 KB)Applicant
3 August 20212 August 2021Judgment [2021] FCA 893
30 July 202119 July 2021 Judgment [2021] FCA 824
29 July 202124 June 2021Exhibit R45 (PDF, 243 KB)Respondent
29 July 202124 June 2021Exhibit R46 (PDF, 502 KB)Respondent
29 July 202124 June 2021Exhibit R47 (PDF, 22 KB)Respondent
29 July 202124 June 2021Exhibit R48 (PDF, 1.9 MB)Respondent
29 July 202124 June 2021Exhibit R52 (PDF, 1.7 MB)Respondent
3 August 202124 June 2021Exhibit R55 - Redacted (PDF, 1 MB)Respondent
27 July 202117 June 2021Exhibit R2 (PDF, 6.3 MB)Respondent
27 July 202117 June 2021Exhibit R3 (PDF, 2.4 MB)Respondent
27 July 202117 June 2021Exhibit R4 (PDF, 1.8 MB)Respondent
27 July 202118 June 2021Exhibit R8 (PDF, 13 MB)Respondent
27 July 202118 June 2021Exhibit R10 (PDF, 2.1 MB)Respondent
27 July 202118 June 2021Exhibit R11 (PDF, 3.5 MB)Respondent
27 July 202118 June 2021Exhibit R14 (PDF, 958 KB)Respondent
27 July 202118 June 2021Exhibit R15 (PDF, 873 KB)Respondent
27 July 202123 June 2021Exhibit R36 (PDF, 2 MB)Respondent
21 July 202119 July 2021 Judgment [2021] FCA 818
14 July 2021 14 July 2021 Judgment [2021] FCA 793
9 July 2021 11 June 2021Exhibit A16 (PDF, 324 KB)Applicant
9 July 2021 11 June 2021Exhibit A17 (PDF, 1.4 MB)Applicant
9 July 2021 11 June 2021Exhibit A18 (PDF, 890 KB)Applicant
9 July 2021 11 June 2021Exhibit A19 (PDF, 3.3 MB)Applicant
9 July 2021 15 June 2021Exhibit A28 (PDF, 992 KB)Applicant
9 July 2021 15 June 2021Exhibit A34 (PDF, 215 KB)Applicant
8 July 2021 29 June 2021 Judgment [2021] FCA 764
29 June 2021 24 June 2021Second further amended defence to statement of claim (PDF, 487 KB) Respondent
24 June 20213 June 2021Further amended defence to statement of claim (PDF, 497 KB)Respondent
17 June 202110 June 2021Respondents' witness list (PDF, 362 KB)Respondent
17 June 20217 June 2021Applicant's witness list (PDF, 111 KB)Applicant
11 June 20218 June 2021 Exhibit A5 - Publication containing the first matter complained of in NSD1486/2018 (PDF, 8.7 MB)Applicant
11 June 20218 June 2021 Exhibit A6 - Publication containing the third matter complained of in NSD1486/2018 (PDF, 5.2 MB)Applicant
11 June 20218 June 2021 Exhibit A7 - Publication containing the fifth matter complained of in NSD1486/2018 (PDF, 7.3 MB)Applicant
11 June 202110 June 2021 Exhibit A12 - After Action Report K2 Op Task Vic Chora 31 May 06 - 02 June 06 (PDF, 1.9 MB)Applicant
11 June 202110 June 2021 Exhibit A13 - Single page, Infil route for W108 and W109 clearances 12 Apr (PDF, 587 KB)Applicant
11 June 202110 June 2021 Exhibit A14 - Five photographs of tunnel (PDF, 3.5 MB)Applicant
3 June 20211 June 2021Judgment: [2021] FCA 582 
2 June 20212 June 2021Judgment: [2021] FCA 584 
28 May 202124 May 2021Judgment: [2021] FCA 552 
25 May 202121 May 2021Judgment: [2021] FCA 549 
23 April 202123 April 2021Judgment: [2021] FCA 396 
1 April 20211 April 2021Judgment: [2021] FCA 317 
18 February 202123 December 2020Judgment: [2020] FCA 1850 
11 November 202011 November 2020Judgment: [2020] FCA 1630 
9 September 20207 September 2020Judgment: [2020] FCA 1296 
8 September 20208 September 2020Judgment: [2020] FCA 1285 
2 September 20207 August 2020Affidavit of Fiona Sneath (PDF, 14 MB)
Inspector General of the Australian Defence Force
31 July 202028 July 2020Judgment [2020] FCA 1067 
16 July 202013 July 2020Interlocutory application (PDF, 1 MB)Commonwealth of Australia
8 May 20208 May 2020Judgment: [2020] FCA 614 
October 20191 October 2019Judgment [2019] FCA 1626 
29 January 201925 January 2019Judgment: [2019] FCA 36
14 January 201931 October 2018Expert report of Konrad Buczynski (redacted) (PDF, 2.7 MB)Respondent
14 January 201919 October 2018Affidavit of Person 17 (redacted) (PDF, 11 MB)Potts Lawyers
15 January 201919 October 2018Affidavit of B (redacted) (PDF, 18 MB)Respondent
15 January 201916 October 2018Affidavit of Dean Levitan (redacted) (PDF, 7.9 MB)Respondent
14 January 201916 October 2018Interlocutory application (PDF, 359 KB)Commonwealth of Australia
15 January 201916 October 2018Affidavit of Gregory Bilton (redacted) (PDF, 2.7 MB)Commonwealth of Australia
14 January 201916 October 2018Interlocutory application (PDF, 326 KB)Respondent
14 January 201916 October 2018Defence to statement of claim (PDF, 413 KB)Respondent
14 January 201917 August 2018Statement of claim (PDF, 10.4 MB)Applicant
14 January 201917 August 2018Originating application (PDF, 335 KB)Applicant

 

NSD1487/2018: Ben Roberts-Smith v The Federal Capital Press of Australia Pty Ltd

Date published to website
Document Date
Document Title
Filed by
13 August 20216 April 2021 Amended interlocutory application (PDF, 335 KB)Respondent
13 August 202130 April 2021 Interlocutory application (PDF, 299 KB)Applicant
13 August 20213 May 2021 Interlocutory application (PDF, 340 KB)Applicant
13 August 20216 April 2021 Affidavit of Peter Bartlett (PDF, 648 KB)Respondent
13 August 202122 April 2021 Affidavit of Peter Bartlett (PDF, 17.9 MB)Respondent
13 August 202130 April 2021 Affidavit of Paul Svilans (PDF, 3.8 MB)Applicant
13 August 202130 April 2021 Submissions (PDF, 503 KB)Applicant
13 August 20213 May 2021 Affidavit of Justine Munsie (PDF, 649 KB)Person 35
13 August 20213 May 2021 Affidavit of Scott Lee (PDF, 20.8 MB)AFP
13 August 20213 May 2021 Submissions (PDF, 550 KB)AFP
13 August 20214 May 2021 Affidavit of James Gaynor (PDF, 1.6 MB)Commonwealth
13 August 20214 May 2021 Submissions (PDF, 1.5 MB)Commonwealth
13 August 20216 May 2021 Submissions(PDF, 385 KB)Respondent
13 August 20217 May 2021 Submissions(PDF, 520 KB)Applicant
3 August 20212 August 2021Judgment [2021] FCA 893
30 July 202119 July 2021 Judgment [2021] FCA 824
29 July 202124 June 2021Exhibit R45 (PDF, 243 KB)Respondent
29 July 202124 June 2021Exhibit R46 (PDF, 502 KB)Respondent
29 July 202124 June 2021Exhibit R47 (PDF, 22 KB)Respondent
29 July 202124 June 2021Exhibit R48 (PDF, 1.9 MB)Respondent
29 July 202124 June 2021Exhibit R52 (PDF, 1.7 MB)Respondent
3 August 202124 June 2021Exhibit R55 - Redacted (PDF, 1 MB)Respondent
27 July 202117 June 2021Exhibit R2 (PDF, 6.3 MB)Respondent
27 July 202117 June 2021Exhibit R3 (PDF, 2.4 MB)Respondent
27 July 202117 June 2021Exhibit R4 (PDF, 1.8 MB)Respondent
27 July 202118 June 2021Exhibit R8 (PDF, 13 MB)Respondent
27 July 202118 June 2021Exhibit R10 (PDF, 2.1 MB)Respondent
27 July 202118 June 2021Exhibit R11 (PDF, 3.5 MB)Respondent
27 July 202118 June 2021Exhibit R14 (PDF, 958 KB)Respondent
27 July 202118 June 2021Exhibit R15 (PDF, 873 KB)Respondent
27 July 202123 June 2021Exhibit R36 (PDF, 2 MB)Respondent
21 July 202119 July 2021 Judgment [2021] FCA 818
14 July 2021 14 July 2021 Judgment [2021] FCA 793
9 July 2021 11 June 2021Exhibit A16 (PDF, 324 KB)Applicant
9 July 2021 11 June 2021Exhibit A17 (PDF, 1.4 MB)Applicant
9 July 2021 11 June 2021Exhibit A18 (PDF, 890 KB)Applicant
9 July 2021 11 June 2021Exhibit A19 (PDF, 3.3 MB)Applicant
9 July 2021 15 June 2021Exhibit A28 (PDF, 992 KB)Applicant
9 July 2021 15 June 2021Exhibit A34 (PDF, 215 KB)Applicant
8 July 2021 29 June 2021 Judgment [2021] FCA 764
29 June 2021 24 June 2021 Second further amended defence to statement of claim (PDF, 487 kb) Respondent
24 June 20213 June 2021Further amended defence to statement of claim (PDF, 497 KB)Respondent
17 June 202110 June 2021Respondents' witness list (PDF, 362 KB)Respondent
17 June 20217 June 2021Applicant's witness list (PDF, 111 KB)Applicant
11 June 20218 June 2021 Exhibit A8 - Publication containing the second matter complained of in NSD1487/2018 (PDF, 3.4 MB)Applicant
11 June 202110 June 2021 Exhibit A12 - After Action Report K2 Op Task Vic Chora 31 May 06 - 02 June 06 (PDF, 1.9 MB)Applicant
11 June 202110 June 2021 Exhibit A13 - Single page, Infil route for W108 and W109 clearances 12 Apr (PDF, 587 KB)Applicant
11 June 202110 June 2021 Exhibit A14 - Five photographs of tunnel (PDF, 3.5 MB)Applicant
3 June 20211 June 2021Judgment: [2021] FCA 582 
2 June 20212 June 2021Judgment: [2021] FCA 584 
28 May 202124 May 2021Judgment: [2021] FCA 552 
25 May 202121 May 2021Judgment: [2021] FCA 549 
23 April 202123 April 2021Judgment: [2021] FCA 396 
1 April 20211 April 2021Judgment: [2021] FCA 317 
18 February 202117 February 2021Judgment: [2020] FCA 1850 
11 November 202011 November 2020Judgment: [2020] FCA 1630 
9 September 20207 September 2020Judgment: [2020] FCA 1296 
8 September 20208 September 2020Judgment: [2020] FCA 1285 
2 September 20207 August 2020Affidavit of Fiona Sneath (PDF, 14 MB)
Inspector General of the Australian Defence Force
31 July 202028 July 2020Judgment [2020] FCA 1067 
16 July 202013 July 2020Interlocutory application (PDF, 1 MB)Commonwealth of Australia 
8 May 20208 May 2020Judgment: [2020] FCA 614 
October 20191 October 2019Judgment [2019] FCA 1626 
29 January 201925 January 2019Judgment: [2019] FCA 36--
14 January 201931 October 2018Expert report of K Buczynski (redacted) (PDF, 2.7 MB)Respondent
15 January 201919 October 2018Affidavit of B (redacted) (PDF, 18 MB)Potts Lawyers
15 January 201919 October 2018Affidavit of Dean Levitan (redacted) (PDF, 8 MB)Respondent
14 January 201919 October 2018Affidavit of Person 17 (redacted) (PDF, 11 MB)Respondent
14 January 201916 October 2018Interlocutory application (PDF, 370 KB)Commonwealth of Australia
15 January 201916 October 2018Affidavit of Gregory Bilton (redacted) (PDF, 2.7 MB)Commonwealth of Australia
14 January 201916 October 2018Interlocutory application (PDF, 326 KB)Respondent
14 January 201916 October 2018Defence to statement of claim(PDF, 411 KB)Respondent
14 January 201917 August 2018Statement of claim (PDF, 6.5 MB)Applicant
14 January 201915 August 2018Originating application (PDF, 333 KB)Applicant

 

NSD1826/2018: Ben Roberts-Smith v Johnathan Pearlman

Date published to website
Document Date
Document Title
Filed by
8 May 2020 8 May 2020 Judgment: [2020] FCA 614  
14 January 201922 November 2018Defence to statement of claim (PDF, 391 KB)Respondent
14 January 2019 28 September 2018 Statement of claim (PDF, 734 KB)Applicant
14 January 201927 September 2018Originating application (PDF, 310 KB)Applicant



NSD1440/2018: Ben Roberts-Smith v Fairfax Media Publications Pty Ltd

Date published to website
Document Date
Document Title
Filed by
14 January 2019 11 December 2018 Judgment: [2018] FCA 1943 --
14 January 2019 11 October 2018 Amended interlocutory application ([PDF, 252 KB) Commonwealth of Australia
14 January 2019 22 August 2018 Interlocutory application (PDF, 317 KB) Applicant
14 January 2019 10 August 2018 Interlocutory application (PDF, 601 KB) Applicant