Djokovic case is really off & kicking. His team of 3, including a SC (Wood) & QC (Holdenson), versus the single barrister for the govt.
Theme of today: niche legal technicalities.
Wood arguing about the fact there is a requirement to produce evidence prior to boarding a plane, which Djokovic clearly did to be allowed on in Dubai.
Wood now arguing that Djovokic did produce evidence when asked and records indicate he did everything possible to cooperate when he arrived in Melbourne.
I have no idea how to explain this in tweet limits but Novak's legal team may have just nailed the govt on listing the wrong subsection on the notice given to Novak on what standard he actually failed to meet under the BioSec Act.
Um, we're adjourned? Judge asked for a temporary pause.
.. we're back. That was odd.
Novak getting his moneys worth out of Wood. Just verbally swanning between specific legal points. His team coming across quite prepared.
Holy shit. Judge drills into the docs. Novak had 2x letters from high level, well respected drs. Plus an exemption from VIC health dept and their independent panel.
Judge "what more could this man have even done?"
Wood "I agree your honour".
We're a long way from this being over but damn this is not looking good for our govts.
Damn. This one letter from the feds on letterhead claiming Novak met all requirements in order to travel to Australia. That's not good for our govt.
Omfg. Novak apparently uploaded his exemption in his travel application to come to Aus, which then subsequently got approved, which is why he got on the plane. His lawyers argue what was he reasonably meant to be aware of in terms of issues when he arrived?
Our government is in some serious trouble at this point.
They're arguing about why border workers pressured Novak to sign docs without having the chance to get proper legal advice given it all occurred around 4am.
OMG. The border worker mentioned in the transcript their shift was ending soon. This should never be relevant.
In the transcript there are implications border workers suggested to Novak that waiting until Tennis Australia or his lawyers to be awake, they likely may not be able to help him and it was in his best interest to just sign the doc. His lawyer calls this false.
Lots of tech issues. Annoying.
For those not watching live, in the dozen or so court cases I've followed in the last 18 months I've not heard a judge make so many blatantly agreeable comments to a single side. It isn't over but this point I'd be pretty astounded if Novak doesn't play.
Big tech issues. Currently can't view anything.
Current situation. This is pretty bad. They knew the level of public interest on this case but the servers just are not coping. Should have just been streamed on YouTube like the SC was doing.
Annoyed. This was quite a fun case to watch for once. Really keen to hear what the govt comes up with in rebuttal to Novak's lawyers & the judges comments about what more he could have done & why the behaviour of border was not detrimental to due process.
The govt rep, Tran, has decent background in this specific law area but is up against a Senior Counsel (Wood) with similar specific experience & a Queens Counsel (Holdenson) obviously an older & even more senior lawyer.
No idea how this is getting streamed by randoms overseas on YT, but whatever works at this point. We've been on closing arguments. Waiting for govt to have their go.
Novak's team essentially repeating all their arguments up until this point, including recounting transcript parts that indicate Novak was pressured by border to sign docs to agree to his VISA being cancelled without getting legal advice or any external assistance.
We're micro-arguing the differences between fairness & reasonableness as legal grounds & how these overlap with the execution of Ministerial power in this situation. Wood accuses Tran of distorting the representation of these.
Judge warns he's essentially not interested in getting extra arguments from either side after a final finding is made. Govt side (Tran) will make his argument until 2pm and then the court will adjourn for a break.
Tran says he hasn't sought to crossexamine. Clarifies that the judge can't make a finding about the intention of a worker (to pressure Novak), which the judge says he is aware but can take on the submission from Novak that that's how it made him feel.
Going to need these streamers to shut the fuck up while the judge talks.
Tran trying to argue illogicality in a step of the reasoning of the delegate.
Oh now he's going for a micro-provision legally that basically says 'the executive' eg Home Affairs Minister can basically decide whoever they want can be refused entry.
Tran "risk imputes possibility".
Damn some of these arguments are a bit loose.
Eloquence in language in verbally structuring a logical argument is a wildly underrated talent.
Basically, Tran blaming Novak / saying the govt had the power to do what they did.
This is like watching two different arguments sometimes.
Trying to follow this (struggling on micro technicalities). Tran says there's 2 reasons why there was no breach of procedural fairness. Says one is common law doesn't apply in this instance if legislative process was technically fully followed, which it was.
Lol Tran says he wants to clarify he's not hiding behind legal technicalities. MMMM.
Interesting exchange with the judge running through court processes. In short, wanting to make it clear how he expects info to be presented to him to allow a proper process.
Tran addressing that one of his arguments this afternoon will be that the notice of cancellation of the VISA is valid. What got picked up earlier by Wood that the wrong subsection was written in the notice appears to now be a major point of argument.
The govt is arguing that it's a typo (not joking) whereas Wood argues it's a far more graphic error. This will be a very interesting finding.
Tran says Novak's argument relies on a single ground within a health order.

We've now adjourned until 3.15pm when Tran will continue his arguments.
There's a new link and start time. In the description the court will now resume at 3.45.
Well, that was brief 😂😂
Partially unsure wtf just happened. Novak's injunction to prevent him being booted out the country expires at 4pm. Tran says they're fine to extend it.. until 4.30?! The judge seems to want none of this & says 8pm.
Then Tran seems to be about to launch an argument why he may need longer and that this wouldn't prejudice the case and next minute the judge adjourns it all again. So TBC what's going on here now.
We're waiting on further submissions to be made. No confirmed restart time at this point.
Still playing the waiting game, also known as refreshing a the live feed every 5mins to make sure it hasn't accidentally frozen & you miss something interesting.
We're back!
Judge confirms Novak is there with his legal team
OMG we're getting the finding.
DJOKOVIC WON. He must be freed within 30 minutes.
Did the govt just threaten to use other powers to personally cancel his VISA 😐 insane.
The judge *cracked it* at this suggestion & reminded them that if the Minister exercised that power it would actually result in a ban from Australia for THREE YEARS. Now that would be a mess.
It's all over. Novak will shortly be free & that press statement is going to be interesting. 👀

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More from @Voice4Victoria

6 Jan
VIC gov updates. Anyone with covid who finds out by rapid test, they're now responsible for reporting their own case & doing their own contact tracing. The hotline for reporting will exist 'from some time tomorrow'.
Lmao. Apparently a positive RAT is 90-95% accurate, so just as good as PCRs. But all the CHO advice on the Pandemic Orders is that they couldn't be used due to their high level of inaccuracy.
Foley claims there's been increased pressure across all healthcare, including GPs. Yeah because you kept telling everyone who didn't know what to do to call their GP? Think maybe that had an impact?
Read 6 tweets
5 Jan
Comments on the Novak rejection and the inaccurate reporting of what the issue seems to be.
There's a lot of very loose claims this is a 'VISA issue'. First up, no Aus VISA has been legally amended to be linked to vax status. Vax status is a fully separate & different doc requirement that while needed is not technically a 'VISA issue'. Claiming it is, is inaccurate.
While Novak appears to have correctly received an exemption from a VIC panel on the basis of prior infection, which is in line with ATAGI guidelines & have been granted to hundreds of Aussies, that doc obviously isn't internationally recognised.
Read 10 tweets
5 Jan
They've got an actual doctor at this presser saying that the 'indirect benefit' of vaxing kids is they might stop school closures. Yeah, that's a policy decision - not medical. Utterly foul using this.
They've trotted out a pediatrician dooming about the increase in positivity % in tests.
She has at least admitted that the only kids getting very unwell are those who have noted other health issues but they recover. Says even symptomatic kids unless urgent should recover at home.
Uhhh she's claimed getting your kid vxd will prevent covid. That's.. not even remotely accurate at the moment.
OH. Now it's about how bad it is if staff get exposed & have to furlough. Yeah again that's a policy decision to stand down people who aren't sick from working.
Read 9 tweets
4 Jan
Presser today sees socialist barbie & captain weiner pushing boosters & addressing the testing issues.
We've got interchangable use of 'third dose' and 'booster'. Might need another media workshop guys, can't be breaking the echo chamber.
Weimar seems incredibly shocked that following his own words telling people to only get tested if they're actually sick or a close contact, higher % of tests are coming back positive. Shocking. Groundbreaking. Couldn't have been forseen as an outcome.
Read 10 tweets
20 Dec 21
Comments on the Pandemic report tabled last week. 🧵
Tabled last week was 1/3 the required docs. It was the 'pandemic declaration report' required under sect 165AG that has to be published within 3 days. We're now waiting on the Pandemic Orders report (sect. 165AP), where the human rights advice is, which must be up within 7 days.
The final part is the publishing of these Orders in full in the Government Gazette, which also still hasn't happened (sect 165AR), which must be up within 10 working days.
Read 9 tweets
15 Dec 21
New Pandemic Orders are up.
Brief notes based off the main questions received.
In short - other than the under 18's being exempt now they changed very little except the fines, which are pretty outrageous.
Bizarrely, they did the exact same penalty units for 'failure to comply with an Order'. For ALL the orders. It's 60 units for a person, 300 units for a company. That's $10,898.4 and $54,492. The govt will now fine you over $10k for not wearing a mask. This is not a joke.
This is outlined under the Movement and Gathering Order which relates to mandating masks. The only exception to this is a 'restricted retail premises', which are defined as just beauty and hair - they're exempt from the mask mandate on site.
Read 10 tweets

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