ABC loses defamation case brought by former commando Heston Russell after public interest defence fails

Broadcaster must pay Russell $390,000 but judge did not award aggravated damages, finding the former commando ‘embraced the public controversy’

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Former commando Heston Russell has won his defamation case against the ABC and been awarded $390,000 after a federal court judge found the public broadcaster did not prove its reporting was in the public interest.

But Justice Michael Lee did not find Russell’s “oral evidence as to his hurt to feelings persuasive” and did not award aggravated damages.

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Law (Australia) | The Guardian