Roberts-Smith v Fairfax Media Publications Pty Limited (No 40) [2022] FCA 1614

PRACTICE AND PROCEDURE — claim for damages in three proceedings for defamation — imputation that the applicant murdered or was involved in the murders of Afghan males under control or containment during the war in Afghanistan — respondents (newspaper companies and journalists) rely on defences of justification (s 25 Defamation Act 2005 (NSW)) and contextual truth (s 26 Defamation Act 2005 (NSW)) — respondents subpoena soldiers said to be involved in the murders — soldiers claim privilege against self-incrimination under s 128 of the Evidence Act 1995 (Cth) — whether reasonable grounds for objection — soldiers unwilling to give evidence even with the benefit of a certificate