Ben Roberts-Smith launches lawsuit against ex-wife Emma Roberts

SAS veteran Ben Roberts-Smith has filed legal proceedings against his ex-wife on the eve of his defamation trial against the Sydney Morning Herald.

Ben Roberts-Smith has filed legal proceedings against his ex-wife Emma. Picture: Lyndon Mechielsen

Decorated soldier Ben Roberts-Smith appears to have launched a new lawsuit against his former wife, one day after a court heard how war crime allegations sent their marriage into a tailspin.

The Victoria’s Cross recipient, just a few days from the start of his defamation trial against Nine newspapers, appears to have launched legal action against his ex-wife Emma Roberts.

Ben Roberts-Smith with then-wife Emma Roberts-Smith and their five-month-old twin girls in 2011. Picture: Department of Defence

The Federal Court shows the new matter is headed for a return of subpoena on Friday afternoon in Sydney.

Mr Roberts-Smith is listed as the applicant and Ms Roberts, who will be a witness for Nine in the defamation trial, as the defendant.

No other details have been released, and Mr Roberts-Smith’s lawyers have not responded to requests for comment.

Ben and Emma Roberts-Smith at home in 2011. Picture: Karin Calvert

It comes one day after a hearing for the upcoming defamation trial heard Mr Roberts-Smith’s lawyers claim his former wife released hundreds of photos from his Afghanistan deployment to Nine’s journalists.

Nine’s legal team dispute Ms Roberts provided them with the photographs that appear to show soldiers drinking from the plundered prosthetic leg of a Taliban fighter.

Court documents, released later that day, detailed the growing tensions in the marriage after the Inspector-General of the Australian Defence Force began investigating allegations of war crimes.

“(Ms Roberts) states that following the commencement of the Inspector-General’s investigation, the applicant became, at times, erratic and suffered from mood swings,” the documents say.

One of the images of soldiers drinking from the leg. Picture: 60 Minutes

“(Mr Roberts-Smith) asked his friend, an ex-army doctor, Dr Gogna, to prescribe him beta blockers for excessive alcohol usage, anxiety and depression.”

Ms Roberts is also expected to tell the court about an “affair” and Mr Roberts-Smith allegedly instructing her to lie, the documents say.

The details were released as the court considered and rejected Nine’s attempt to have the army doctor, Parbodh Gogna, hand over medical files before taking the stand to testify for Mr Roberts-Smith.

The court has previously heard Mr Roberts-Smith warned his former wife he would launch legal action against her if she violated a civil agreement.

Mr Robert-Smith’s barrister, Bruce McClintock SC, has previously told the court that if Ms Roberts gave evidence against her former husband he would have to cross-examine her and would have to put to her that she’s a liar.

Nine’s newspapers asked for an assurance the former soldier would not carry out his legal threat if Ms Roberts gave evidence, but Mr Roberts-Smith’s lawyers said they could not offer the assurance.