Australia's most decorated soldier and general manager of Seven West Media Queensland, Ben Roberts-Smith, is seeking access to documents that could disclose confidential sources of journalists Nick McKenzie and Chris Masters as part of defamation action against The Sydney Morning Herald and The Age. McKenzie and Masters are senior investigative reporters who have won multiple Walkley awards.

Mr Roberts-Smith, a Victoria Cross recipient, is suing The Age, the Herald and The Canberra Times in the Federal Court after a series of articles in 2018 accused him of war crimes while serving with the Army overseas. He said they are defamatory because he is portrayed as a person who "broke the moral and legal rules of military engagement" and committed murder.

Ben Roberts-Smith in front of his portrait at the Australian War Memorial in Canberra. Credit:Jay Cronan

The Herald and Age's defence argues that the articles do not defame Mr Roberts-Smith and allege he was involved in six unlawful killings in Afghanistan.

The case will go to trial in June. However, the Herald and The Age – which are owned by Nine Entertainment Co – are fighting requests from Mr Roberts-Smith for some documents, interviews and materials generated during the investigations. Nine says disclosing these documents would expose confidential sources and breach ethical responsibilities.