Novak Djokovic has won plenty of battles on the court, but today's a test of his skills in the courtroom. Or his lawyers skills. Anyway, here's a little rundown of who is saying what:
Basically the argument is that Novak Djokovic tested positive for COVID-19 on December 16, 2021. He says under the ATAGI advice that exempts him from being vaccinated for six months.
This, from the ATAGI advice, is what he relies on:

“COVID-19 vaccination in people who have had PCR confirmed SARS-CoV-2 infection can be deferred for a maximum of six months after the acute illness as a temporary exemption due to acute major medical illness.”
But the delegate (the person making the decision to cancel his visa on behalf of Home Affairs Minister Karen Andrews) says “previous infection with COVID-19 is not considered a medical contraindication for COVID-19 vaccination in Australia”.
Djokovic disputes that. The commonwealth disputes him.
They say the ATAGI advice is also that “people with laboratory confirmation of a past infection can start their vaccination course … as soon as they have recovered from symptomatic infection”.
They don’t end there though, but hammer home in their submissions that a “contraindication to vaccination” and a “deferral” are completely different.
“Further still, there is no suggestion that the applicant had ‘acute major medical illness’ in December 2021. All he has said is the he tested positive for COVID-19. That is not the same."
If you want to read the submissions for yourself, they've been posted online by the court here:
fcfcoa.gov.au/migration-law/…
Or for more fun times (seriously, name one thing more exciting than a Federal Circuit Court hearing 🤓) you can watch it here: secure.quickchannel.com/qc/create/main…
For even more fun times, check out my story for @AAPNewswire here: aap.com.au/news/djokovic-…
And while you're here, why not support great, independent journalism by my talented and passionate colleagues because #aapneedsyou

gofundme.com/f/aap-needs-you

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More from @karenlsweeney

10 Jan
All eyes are on Immigration Minister Alex Hawke today - he has a discretionary personal power to revoke Novak Djokovic's visa and have him deported. His office said last night he's still considering, so we'll just have to wait and see what happens next.
Does anyone have questions about what happend yesterday or what the process is now? I'll try to answer some through the day.
I didn't quite expect 220+ replies to this, so I've done a little explainer with some frequently asked questions for @AAPNewswire:

7news.com.au/news/immigrati…
Read 11 tweets
9 Jan
The showdown has begun and is underway with a joke from Judge Anthony Kelly. The other players today are Nick Wood SC and Paul Holdenson QC for Novak Djokovic and Christpher Tran for Home Affairs Minister Karen Andrews (& the Comonwealth).
Nick Wood is discusing ground 1A. He says the delegate must be satisfied of a relevant ground for cancellation, but the notice is defective because it's not one ground, but a mashup of two. He says the reasons for refusal are a "confusing blend of grounds".
Read 73 tweets
6 Jan
There's an application for an interim injunction preventing Novak Djokovic being deported until after. a final hearing at 10am on Monday. It'll be heard at 6pm tonight - unless the govt decides to let him say until then.
Christopher Tran is getting instructions still on the government's position.
Nick Wood, for Djokovic, says the hearing on Monday is "tight".

"Tennis Australia has indicated they would need to have a definitive position on Mr Djokovic’s participation in the tournament by Tuesday for scheduling purposes."
Read 6 tweets
4 Jan
"No-one is or will be receiving special treatment because of who they are or what they have achieved professionally," says Victorian minister Jaala Pulford on Novak Djokovic.

False. Athletes, actors and the wealthy have received special treatment since day one of the pandemic.
"I think lots of people in the Victorian community will find this to be a disappointing outcome, but the process is the process. Nobody has had special treatment."
Tennis Australian CEO Craig Tiley: "It’s important to recognise and it’s important to communicate to the Australian public that this not preferential treatment for anyone, even though it may feel that way."
Read 5 tweets
4 Jan
Four private pathology providers (4Cyte, Australian Clinical Labs, Melbourne Pathology & Dorevitch) are closig 54 testing sites this week to ease pressure and catch up on the backlog of tests.

Testing Commander Jeroen Weimer is calling for patience.
"They’re disappointed to have to do this but they’re doing a pragmatic thing to safeguard their own systems and to make sure the labs can get back on top of their workload," he said.
Their labs account for three quarters of processing in Victoria and will continue to operate around the clock.
Read 4 tweets
16 Dec 21
There are so many people logged into Myrtleford Magistrates Court this morning for a private prosecution brouht against Premier Daniel Andrews. None of them know how to use technology and are not using their microphone.
They're absolutely losing their minds over the fact they thought it started at 9.30am (it's actually listed at 10am).
They're also taking over the chat:

Sovereignlaw: Is this a decoy? Where is the judge?

Debbie: Looks like a fake meeting to me. Set up just to piss people off.

Tracey Lucas: "Nice to see everyone. We all want the same thing. Dan Andrews and the government to go down."
Read 31 tweets

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