Ben Roberts-Smith, a former Australian soldier found liable for defamation, has filed a motion to reopen his appeal, asserting that he did not receive a fair legal process.

This development follows the release of an audio recording in which journalist Nick McKenzie allegedly discusses insights into Roberts-Smith's legal strategy, raising questions about potential breaches of ethical conduct.

The interlocutory application was submitted to the Federal Court as of Thursday, wherein Roberts-Smith's attorneys contend that the case should be retried in the interests of justice.

They highlight the significance of the information that was allegedly obtained improperly and not disclosed until after the trial's conclusion.

Roberts-Smith stated, "All I have ever asked for was a fair process where the truth and justice can prevail."

In response, media group Nine, which publishes _The Age_ and _The Sydney Morning Herald_, has expressed confidence in its reporting and in McKenzie, asserting that there are no ethical violations or legal privilege breaches involved in the journalist's handling of the case.

A spokesperson reiterated that claims of a miscarriage of justice are unfounded and part of ongoing narratives promoted by Roberts-Smith and his supporters.

The disputed audio, which was aired by _Sky News_, features McKenzie admitting to being briefed on favorable details regarding Roberts-Smith’s case while attempting to reassure a witness about their testimony.

In the conversation, McKenzie indicated the potential repercussions of divulging such sensitive information.

Roberts-Smith previously launched a defamation suit against Nine in 2018, contesting reports that he committed war crimes during his military service in Afghanistan from 2009 to 2012. In June 2023, following an extensive trial process, Justice Anthony Besanko ruled against Roberts-Smith, determining that the publications had convincingly demonstrated, to the civil standard of proof, his complicity in the murders of four unarmed Afghan prisoners.

Notably, the civil standard is less stringent than the criminal standard of beyond reasonable doubt.

Justice Besanko's findings also confirmed that Roberts-Smith was guilty of bullying fellow soldiers, specifically noting an incident involving a handcuffed Afghan villager, Ali Jan, whom Roberts-Smith kicked off a cliff before allegedly instructing a subordinate to shoot.

In July 2023, Roberts-Smith initiated the appeal process, subsequently requesting to incorporate additional evidence into the proceedings.

This additional evidence includes the aforementioned audio and claims that his emails were inappropriately accessed over 100 times during 2020 and 2021. Roberts-Smith's appeal aims to also formally change the grounds of appeal to reflect allegations of a miscarriage of justice.

Kerry Stokes, owner of Seven West Media, has been financing Roberts-Smith's legal expenses.

To avoid the compromise of sensitive emails related to the case, Stokes arranged to cover the total costs for both parties in late 2023.