This legal action follows the emergence of leaked audio revealing journalist Nick McKenzie discussing Roberts-Smith's legal strategy with a witness.

Roberts-Smith's appeal was initiated in July 2023, seeking to introduce new evidence, including the audio recording and allegations of improper access to his emails.

His lawyers argue that the appeal should be retried due to the improper obtaining of information and its concealment until after the trial concluded.

Nine Entertainment has defended McKenzie, asserting that there was no breach of legal privilege and dismissing Roberts-Smith's claims of miscarriage of justice as baseless.

Roberts-Smith's barrister, Arthur Moses, filed a transcript of the conversation in court as part of his application to introduce this new evidence into the appeal.

Justice Nye Perram is expected to provide further directions regarding the case and may rule on how to proceed with the appeal later today.

In June 2023, Justice Anthony Besanko ruled against Roberts-Smith, finding him complicit in the murder of four unarmed Afghan prisoners during his military service.

Roberts-Smith contends that the existence of this new evidence could have influenced the trial's outcome in his favor, warranting a new trial or judgment.

Perram has indicated urgency in resolving the matter, as one of the judges will retire in June 2025, emphasizing the need to complete proceedings before then.

Ben Roberts-Smith, a disgraced war veteran, is attempting to overturn a civil court's finding that labeled him a war criminal after losing a defamation case against Nine Newspapers in 2023.

Roberts-Smith is seeking to reopen his defamation appeal based on this leaked audio recording, which involves a conversation between McKenzie and his ex-lover, referred to as 'Person 17'.

The Federal Court previously determined that allegations of war crimes against Roberts-Smith were true based on the balance of probabilities standard.