Ben Roberts-Smith denies dating lawyer Monica Allen: court

Ben Roberts-Smith has denied dating one of his lawyers after a judge demanded answers on the ‘potentially embarrasing’ situation.

Ben Roberts-Smith’s legal team deny the elite soldier is dating one of his solicitors and warned Nine against launching attacks that “threaten or intimidate” them with gossip columns and news stories.

Justice Robert Bromwich, on Wednesday, said he had read media reports Mr Roberts-Smith may have been in a “personal relationship” with one of his solicitors - Monica Allen.

He told the soldier’s legal team he wanted an explanation why the “potentially embarrassing situation” wasn’t raised with him.

“I’m surprised this wasn’t raised with me directly quite frankly. I’m surprised it was left for me to raise it,” he said.

Mr Robert-Smith’s lawyers said they’d take instructions but quickly relisted the case and returned to the judge hours later.

They told the court Mr Roberts-Smith would swear an affidavit saying he and Ms Allen are “not in a relationship - full stop”.

Ben Roberts-Smith leaves the Supreme Court in Sydney in Sydney. Picture: NCA NewsWire/Joel Carrett

Mr Roberts-Smith’s barrister, Arthur Moses SC, showed the court a “gossip column” from the Australian Financial Review that said the soldier was seen jogging to the Potts Point apartment where Ms Allen lives.

Mr Moses said there were “serious issues” and claimed Nine was attacking Mr Roberts-Smith’s lawyers in its coverage.

“That may have the tendency of seeking to intimidate or threaten those lawyers, that may itself constitute a contempt of court,” he told Justice Bromwich.

The barrister said Justice Bromwich’s comments had generated a wave of media coverage that embarrassed Ms Allen - including by Nine’s newspapers.

“This is how it apparently works. (Nine) makes an insinuation in a gossip column on first day of a trial. It’s referred in open court in another matter. It then becomes a lead story on their homepage,” he said.

Nine, in a statement, denied any articles intimidated or threatened lawyers and said none constituted contempt of court.

A judge asked for an explanation about media articles suggesting Mr Roberts-Smith had a relationship with solicitor Monica Allen.

Ben Roberts-Smith and his ex wife Emma Roberts-Smith.

Justice Bromwich had not named Ms Allen but last year she was photographed holding hands and riding scooters with Mr Roberts-Smith in Brisbane’s Botanic Gardens.

“Female lawyers have enough to deal with in this profession without these aspersions being put against them,” her colleague Arthur Moses SC had told the court that morning.

Outside court Seven executive Bruce McWilliam stepped between Ms Allen and cameras saying she couldn’t comment.

Justice Bromwich is dealing with Mr Roberts-Smith’s lawsuit against his ex wife, Emma Roberts, which is running alongside the SAS veteran’s main defamation lawsuit against Nine.

Mr Roberts-Smith claims his former wife may have accessed and shared confidential emails he’d sent to his lawyers and the Inspector-General of the Australian Defence Force.

Mr Moses told the court it was urgent the court finds out if anything was shared in case it has a serious impact on the main defamation case.

Mr Moses said he feared it was becoming a “sideshow” while Mr Roberts-Smith fought allegations of murder and war crimes in a separate court.

Justice Bromwich made his own disclosure on Wednesday morning - revealing he had met with Mr Roberts-Smith’s father seven or eight years ago.

Len Roberts-Smith is a former WA Supreme Court Judge and headed the Defence Abuse Response Taskforce - which looked into allegations of sexual abuse in the armed forces.

It was in that capacity Justice Bromwich said he met Mr Roberts-Smith.

“Nothing further came of it,” he told the court.

“I see no reason I should disqualify myself from this but thought it proper to raise it.”

The court was told Mr Roberts-Smith does not recall the meeting with then Commonwealth Director of Public Prosecutions Bromwich.

The parents of Ben Roberts-Smith, Len and Sue Roberts-Smith. Picture: Sam Mooy/Getty Images

But Mr Moses said he would not apply to have Justice Bromwich “recused” from the case.

The case was pushed back until Tuesday as the courts processed information Ms Roberts handed over to the registry in her home city of Brisbane.