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Federal Court Fixes $13.5 Million Costs Bill in Roberts‑Smith Case, Hitting Kerry Stokes

The order reflects the case’s closure after the High Court refused special leave.

Overview

  • A Federal Court registrar set the newspapers’ trial costs at $13.3 million plus about $225,000 in assessment fees, totaling roughly $13.5 million payable by Ben Roberts‑Smith and Kerry StokesAustralian Capital Equity.
  • The assessment follows the High Court’s refusal to hear a further appeal, leaving intact findings that the newspapers proved their truth defence and ending the defamation litigation.
  • The Full Court in May upheld Justice Anthony Besanko’s 2023 judgment and ordered Roberts‑Smith to pay the media companies’ appeal costs on the ordinary basis.
  • Kerry Stokes privately bankrolled the trial and agreed to indemnify trial costs at a high level, while the media companies have subpoenaed Gina Rinehart for documents on any appeal funding.
  • Nine can draw on $910,000 already paid into court as security for appeal costs, though the source of those funds has not been disclosed.