Overview

• The Federal Court in Sydney admitted an 85-second recording as evidence in Ben Roberts-Smith's bid to reopen his defamation appeal.
• Roberts-Smith claims the recording reveals journalist Nick McKenzie breached ethics by obtaining privileged legal strategy details from his ex-wife and her friend.
• Nine newspapers' lawyers opposed the recording, arguing it was unlawfully obtained, potentially edited, and unfairly prejudicial.
• Roberts-Smith's legal team contends the recording could have influenced the 2023 defamation judgment, which found him complicit in war crimes.
• If the appeal is denied, Roberts-Smith's only remaining legal option would be to escalate the case to the High Court of Australia.