Ben Roberts-Smith has lost a legal bid to have his ex-wife questioned under oath about confidential information he suspected she had accessed from his private email account.

The Victoria Cross recipient, who has been accused of war crimes by Nine newspapers, had sought to show Ms Roberts hacked into his emails herself or provided access to her lifelong friend Danielle Scott.

Mr Roberts-Smith’s lawyers had alleged in the Federal Court that Ms Roberts logged into his private RS Group email account more than 100 times.

Telstra records showed Ms Scott or her husband Darren Pill were the users of a BigPond email account allegedly used to access Mr Roberts-Smith’s correspondence.

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Ben Roberts-Smith sued ex-wife Emma Roberts over claims she illegally accessed his emails. She denied hacking into his account or giving a password to her best friend. The former couple is pictured together at Buckingham Palace in 2011