Kicks off with the judge mentioning that her chamber received a letter from @VEOHRC this morning about if they should intervene on the basis of human rights. That's interesting.
Govt rep Fitzgerald corrects that the directions got updated, we're now at number 5 signed off by A/CHO Cowie, even though 5 is the same words as 4.. that's an interesting side note.
Docs will now be updated to include Cowie as a defendent to ensure they're accurate.
Currently getting debated if the week of the 18th is when the case will run.
Fitzgerald just said Cowie will be "steering us over the next 3 months to Christmas", so time constraints are an issue. That's.. interesting. He is not the actual CHO.
Govt arguing for slower dates due to time constraints on teams involved. Judge kind of slaps this down that they essentially should have been aware of the reality that someone would challenge this.
Still debating dates. Looking at 25th Oct now. Judge quotes that she's conscious it took Ginnane 4 days for the curfew case.
Fitzgerald suggested a second directions hearing once an updated statement of claim is produced, which Cetnar has agreed to do next week, to give time to get advice from legal counsel. This is due to how the case may change when Cetnar's get legal reps. This is TBC.
For those not watching, the judge is being very understanding, to the point of being kind, to the self-repped Cetnar's.
The words 'abundance of caution' just got dropped by govt side. 🙃
Fascinating. This hearing is loosely bringing up what's getting debated in NSW right now, if these orders have potentially inappropriate overlap between administrative and legislative powers.
General summary: Cetnar's will seek legal counsel & file an updated writ & statement of claim by 12th Oct. From there the case is tentatively set to run on 25th Oct to allow enough time.
Govt raises concerns that if case expands with expert evidence being submitted, case may need to go back a week. Judge supports this based on processes required for expert evidence to be valid, so if this happens case will be pushed back.
Love a speedy hearing. All finalised. Updates to come following Cetnar's seeking counsel.
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@_davidlimbrick in his motion speech requesting the docs behind the vax mandate, particularly how the decision stacked up against our human rights charter.
Shing once again getting thrown in as the govts mouthpiece. Talks about how it isn't about what he asked for, but how he asked. Accuses him of trying to "mount a case against" the public health advice
Shing talks about their response needing to be "dexterous and nimble". Yes because a smashed widespread mandate just reeks of a "dexterous and nimble" approach.
Final day of the NSW Supreme Court Case. Watch live here:
FYI they appear to be having technical issues with the livestream.
We are back and rolling. Commonwealth rep barrister Davidson now has the chance to respond (like Kirk did for NSW govt yesterday). King is the only case that's issued a Commonwealth challenge, so that's why she's only responding to his arguments.
A discussion 🧵 on govt mandates, employees & business owners. Note that this is VIC specific.
First up, this is the published mandates, which are No.5.
Technically speaking the wider mandate for 'all authorised workers' is NOT currently in place. There is nothing signed off. This happened with construction, they only passed the mandate at the 11th hour (literally).
The fact it isn't in right place now leaves a big legal ? for any biz demanding vx status or firing employees with no legal mandate there. What most biz owners also aren't being told is even if there's a mandate, it may not protect them from federal law obligations to employees.
Final day of the NSW Supreme Court case against the mandates starting now.
Watch live here:
From the judge this morning "rest assured I'm not going to write a judgement without mentioning the fact that the orders have been repealed". That's a yikes for the govt side.
Harkness & Clarke off to a nicely cohesive start, laying out which of them will address each of the arguments (there's 6 grounds total) put forward in their case and why.
Group of protesters wandering around the city, @therealrukshan is now live. Unsure of location? Media contingent following them around & apparently cops trying to follow. Nice to see one of the attendees checking on Dowsley's head in the live haha
They're at the Tan, same location the impromptu Melbourne footy celebrations last week. Far less people there than at that event. Cops are starting to gather in large numbers now.
They're continually moving, where is unclear but from history that's probably the only way to avoid rubber bullets.