Mr Roberts-Smith lost the first round when the Federal Court found the publisher had proven on the balance of probabilities that allegations he was responsible for, or complicit in, the deaths of four detainees in Afghanistan were substantially true. In a special leave application lodged with the High Court, Mr Roberts-Smith has taken aim at the court's reliance on the civil standard of proof, which allowed the publisher to successfully defend the case. "The evidence Act … reflects the common law position that in civil proceedings the gravity of the facts sought to be proved is relevant," the application says, adding that the degree of satisfaction for the civil standard can vary.
Author: Elizabeth Byrne
Published at: 2025-06-17 21:34:50
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