Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/3

DEFAMATION — where the imputation concerns the applicant's engagement in a campaign of bullying — factual dispute — whether the bullying acts set out in the Particulars of Truth occurred — consideration of what constitutes a campaign of bullying — where respondents have established the substantial truth of the relevant imputation DEFAMATION — where the imputations allege that the applicant unlawfully assaulted persons under control or containment — factual dispute — whether the applicant assaulted an Afghan male in Deh Rafshan on 15 March 2010 — whether the applicant assaulted an Afghan male in late August to early September 2012 — where respondents have established the substantial truth of the relevant imputations DEFAMATION — blue-on-blue during mission in the Chora Valley on 15 July 2021 — factual dispute — whether the applicant assaulted Person 10 post-mission — whether the applicant made the threat alleged — where the respondents have not made out the substantial truth of the relevant imputation — where the defence of contextual truth is made out DEFAMATION — where imputations concern an act of domestic violence — factual dispute — whether the applicant punched Person 17 — where the respondents have not made out the substantial truth of the relevant imputations — where the defence of contextual truth is made out DEFAMATION — where intimidation of witnesses is alleged — whether the applicant engaged in conduct that intimidated witnesses — whether the applicant colluded with witnesses — whether the applicant concealed relevant evidence and material

Legislation:

Criminal Code Act 1995 (Cth) ss 11.2, 11.2A, 11.5, 268.70, 268.115, 471.12 Defence Force Discipline Act 1982 (Cth) ss 33, 34, 55 Evidence Act 1995 (Cth) ss 51, 55, 64, 97, 99, 108, 126K, 128, 140, 164 Fair Work Act 2009 (Cth) s 789FD Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG, 37AH National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) ss 7, 19(3A), 38B Defamation Act 2005 (NSW) ss 25, 26, 35 Inspector-General of the Australian Defence Force

---