including an allegation concerning the execution of an elderly, unarmed Afghan in circumstances in which a "rookie" was "blooded". The articles also referred to another killing involving a prisoner with a prosthetic leg and repeated the allegation that a prisoner had been kicked off a cliff. Again, the articles have different headlines and some distinct sections, but they are substantially similar. It is convenient to refer to these articles as the "Group 2 articles".
6 On 11 August 2018, Fairfax Media and the second, third and fourth respondents published an article in the SMH newspaper entitled "War hero fires back over abuse claims" and "Beneath the bravery of our most decorated soldier". They also published an article on the SMH website on 10 August 2018 entitled "Beneath the bravery of our most decorated soldier". On 11 August 2018, The Age and the second, third and fourth respondents published an article in The Age newspaper entitled "The cracks in a war hero's façade", "Beneath the bravery" and "Beneath lauded soldier's bravery". They also published an article on The Age website on 10 August 2018 entitled "Beneath the bravery of our most decorated soldier". The Federal Capital Press and the second, third and fourth respondents published an article on 10 August 2018 on The Canberra Times website entitled "Beneath the bravery of our most decorated soldier". These articles refer to the applicant by name and contain a number of allegations concerning his conduct as a soldier in Afghanistan and an allegation of domestic violence. The articles have different headlines and some distinct sections, but they are substantially similar. It is convenient to refer to these articles as the "Group 3 articles".
7 It is not suggested that there is any substantial difference between the articles which comprise the Group 1 articles or between the articles which comprise the Group 2 articles or between the articles which comprise the Group 3 articles. In those circumstances, the articles published by Fairfax Media and the other respondents in the first proceeding may be used as representative of the articles which are the subject of the other two proceedings. I annex to these reasons the Group 1 (Annexures A and B), Group 2 (Annexures C and D) and Group 3 (Annexures E and F) articles in the proceeding involving Fairfax Media and in each case, I include a schedule prepared by the applicant's solicitors which enables the reader to identify by number particular passages in the articles.
8 There was no dispute about the publication of the articles. The applicant administered interrogatories addressed to the extent of publication of the articles and the answers to those interrogatories were tendered by the applicant at the trial.
