| Lies and deliberately giving False Evidence | [2554] | |
| The Separation | [2559] | |
| PART 4 — CONCLUSIONS WITH RESPECT TO SUBSTANTIAL TRUTH AND CONTEXTUAL TRUTH | [2599] | |
| PART 5 — CONCLUSION WITH RESPECT TO THE PROCEEDINGS | [2599] | |
| ANNEXURE A | ||
| ANNEXURE B | ||
| ANNEXURE C | ||
| ANNEXURE D | ||
| ANNEXURE E | ||
| ANNEXURE F | ||
| ANNEXURE G | ||
| ANNEXURE H | ||
BESANKO J:
PART 1 — INTRODUCTION
1 There are three proceedings before the Court. They have been heard together.
2 The applicant in each proceeding is Mr Ben Roberts-Smith VC MG. He was a member of the Special Air Service Regiment (SASR) between 2003 and 2013. During that period, he undertook six tours of Afghanistan. He has received a number of awards and medals, including the Medal for Gallantry in 2006, the Victoria Cross in 2011 and a Commendation for Distinguished Service in 2014.
3 The respondents in the first proceeding (NSD 1485 of 2018) are Fairfax Media Publications Pty Limited (Fairfax Media), Mr Nick McKenzie, Mr Chris Masters and Mr David Wroe. The respondents in the second proceeding (NSD 1486 of 2018) are The Age Company Pty Limited (The Age), Mr Nick McKenzie, Mr Chris Masters and Mr David Wroe. The respondents in the third proceeding (NSD 1487 of 2018) are The Federal Capital Press of Australia Pty Limited (Federal Capital Press), Mr Nick McKenzie, Mr Chris Masters and Mr David Wroe. It is not in dispute in each proceeding that at the relevant time, the second, third and fourth respondents were journalists employed or engaged by the first respondent. Fairfax Media is the publisher of The Sydney Morning Herald (SMH) and Sun Herald newspapers and of articles
