Thread by @Voice4Victoria

Yep it's Judge Kelly again.
This should be interesting 🍿

This is the link for those who missed it, it hasn't started just yet but the stream is live and there's almost 12k people watching:

Well over 30k viewers so far 👀

Kelly looks thrilled to be doing this at 9pm on a Friday night.

Oh boy. He's talking about conduct of parties on Monday.
The govts decision to file this after 5pm on a Friday could be seen as being less than that of a 'model litigant'.

Judge looking to grant injunction for Novak until Saturday 4pm unless govt requests removal.

Novak's team has requested an injunction & release from detention.

Wood (Novak's lawyer) says they can file an application with the court by 10.15pm tonight. Jesus. Think they were prepared for this..

Debating how this is going to play out in courts and timetables.

Wood says Novak is not getting re-detained tonight. He's not ending up back in the hotel, so far anyway.

Novak's team says they can file their final submissions by midday tomorrow, there's a ground they're still contemplating if they will persue.

Wood admits he knows the grounds this time are far narrower and verbal submissions would be limited and emphasises the issues the court and parties now face with time & when Novak is meant to play in the AO.

Offt! Wood slaps down allegations that them presenting materials was why the decision was delayed given the decision had no link to the docs presented.

They've requested the case be heard on Sunday so that in the odds Novak is successful he can still play in the AO (none is this is shocking).

The judge points out both parties know of the limited success options in challenging ministerial decisions like this, especially given the narrow grounds in which a court can use their discretion to overturn such decisions.

Ohhh interesting. Judge asks, since Wood admits to knowing there's limits, what grounds will Novak challenge on then? Wood asks him if he's read the ministerial decision yet. Judge says, being honest, 'slightly'. 😂

OHH fun. Wood is such a good watch. He's basically just called the minister irrational, playing into removing Novak via public hysteria & his decision was binary in only looking at this factor not the weight of deporting someone with Novak's clean history (paraphrasing)

If the govt ever comes after me, I would want Wood on my side.

Arguing about the validity of the decision and how it was made is pretty much the only grounds in which the court MIGHT have the ability to have an impact. This case is going to be a fun watch to see what happens.

Basically Novak isn't getting detained on the condition he fronts the ministers office tomorrow morning on Lonsdale st in the city.

Apparently there's no guarantee they won't then attempt to detain him there 🙄 all the govt lawyer can say is they won't deny him access to his legal team if he is detained. Lol such high standards here.

Would love any legal brain input on the options realistically available for challenging the discretionary use of ministerial powers as it relates to factors that could reasonably have been assumed to impact the decision/ challenging the justifications provided in the statement.

Ohh. Kelly points out that the guidance by ATAGI never received a finding in relation to what 'fully vxd' actually means & in the definition of a rule, what exceptions do or don't apply.
"It was never the applicants case that he was vaxd, it was that he had an exemption".

This is fascinating. Kelly may, within his discretion, look at the role ATAGI guidelines (that are getting quoted so often) are being applied & what exemptions do exist.

Oh dear. Hawke's previous statements may come back to haunt him. Appears he's never listed an issue with Novak's docs.

Wood uses the word kerfuffle 😂

Govt pretty much says yeah we planned to detain him tomorrow.

Brief adjournment now. Still not done but heavy legal jargon going past 10pm means a break is appreciated 😅.

Brief adjournment now. Still not done but heavy legal jargon going past 10pm means a break is appreciated 😅.

Still not back and no clarity when it will restart at this stage.

We're back!

Oh we're talking about compensation..

Looks like Novak is going into detention for a handful of hours tomorrow after that meeting until he gets taken to his lawyers, under supervision of ABF officers & will hop between detention & his lawyers offices until the case happens.

Wood wants to raise concerns about the fact govt counsel stupidly named the location for 8am on the livestream & they request, for security reasons & trying to avoid a media circus, to change the agreed meeting location.

Whew Kelly is snippy at almost 11pm. Says he doesn't want a circus but past a certain point he can't micro-arrange things himself. Govt counsel says they can work the location out if the judge is fine with it. Judge says yes.

Kelly is not here to play. He has cracked it at the parties disagreeing on details and basically adjourned the court for 5mins saying "this isn't my role to do this, work it out yourselves or when I get back I'll decide for you". 😂

We're back. They've agreed among themselves to change location.

We're done. Orders will be published in the morning on what they've agreed on but in short Novak hops between detention & his lawyers until another hearing on Sunday & the case has been transferred to the Federal Court, which will be interesting.