Lawyer who took down Ben Roberts-Smith made a judge
A South Australian barrister who achieved national prominence by proving Victoria Cross recipient Ben Roberts-Smith committed war crimes in a defamation case is set to become a Federal Court judge.
Nicholas Owens SC was one of eight judges appointed to the court by Attorney-General Mark Dreyfus on Friday.
Made a senior counsel in 2016, the Sydney-based lawyer has enjoyed a decorated career at the NSW bar, punctuated by his successful 2023 Federal Court defence in a five-year defamation case brought by Mr Roberts-Smith.
Representing the publishers of The Age, The Sydney Morning Herald and The Canberra Times, Mr Owens successfully proved claims the former SAS corporal committed war crimes, including murdering unarmed prisoners and assaulting civilians, were substantially true.
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Mr Owens also represented Brittany Higgins in a failed defamation suit brought by accused rapist Bruce Lehrmann.
The judicial appointments follow the retirement of Justices David Yates in November and Anthony Besanko – who presided over the Roberts-Smith trial – in May, representing a substantial expansion of the Federal Court’s capacity.
Four of the positions are supported by funding in the 2024/25 federal budget, including two judges to address backlogs in migration and protection applications and two to accelerate the resolution of native title claims.
Joining Mr Owens in the Federal Court ranks are WA Supreme Court Justice Samuel Vandongen, law professor James Stellios, and counsels Cameron Moore SC, Houda Younan SC, Elizabeth Bennett SC, Erin Longbottom KC and Amelia Wheatley KC.
The announcement follows the appointments of Jane Needham and Stephen McDonald to the court in July.
