Ben Roberts-Smith’s key supporters at Seven West Media are seeking to overturn a court order forcing them to reveal their communications with the former soldier’s lawyers.
Ben Roberts-Smith’s lawsuit against the Herald and The Age was dismissed in the Federal Court.Justin Williams, SC, for the Seven parties including Stokes and McWilliam, said at a hearing in the Federal Court on Friday that “earlier this week my clients filed an application for leave to appeal [the] ... judgment dismissing their application to set aside the subpoenas that had been issued to them” by Nine.
Besanko said on Friday he would “grant suspension of the relevant orders for a period of two weeks” and hold a further preliminary hearing in a fortnight to consider what should happen next. Besanko had previously foreshadowed that claims for legal professional privilege over the subpoenaed documents were “likely to be raised, and challenges to those claims are likely to be made” before the final costs hearing. Legal professional privilege protects confidential communications between a lawyer and their client.
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