Proposing sending it upstairs to the FCA, and making orders in the interim?
Will go to the duty judge (currently O'Bryan J?)
Proposes an order/undertaking preserving the status quo, including
1. brief interim injunction until next weekend against removal
1. brief interim injunction until next weekend against removal
2. (subject to the availability of power (!)), possible injunction against detention of ND?
3. transfer to FedCA - parties take all steps to seek confirmation of the transfer.
Wrong, tomorrow, not next weekend.
4. order to lodge an originating app by 4pm tomorrow.
5. Kelly will publish a non-tendentious public summary.
ND will orally seek 'the usual' relief. Injunction restraining removal. Order requiring release from detention.
+ undertaking to file a written app ASAP. Plan to do it 10.15pm tonight!
+ undertaking to file a written app ASAP. Plan to do it 10.15pm tonight!
ND is concerned about the transfer because of the time implications.
Two time hurdles: need for FCA confirmation, and need for the FCA to make directions on timeline etc.
ND foreshadows (in order to rebut) a possible Cth application on the basis of apprehended bias.
ND is worried that the proposal for ND to be interviewed at 8am tomorrow may interfere with legal preparations. Seeks undertaking to have ND located with the lawyers tomorrow.
ND expects to file final subs by midday, with at least one ground. Expects Cth to file subs by 10pm. Matter would be ready for hearing on Sunday.
(All subject to transfer issue.)
(All subject to transfer issue.)
60 mins subs per side. Hope that the matter will be settled by whichever night (Mon or Tues) ND is scheduled to play in the AO.
ND points out that it's taken 4 days to decide, and reasons have come 6pm on Friday.
Minister did not read ND's subs??!
(i'm getting a lag on youtube now.)
Minister did not read ND's subs??!
(i'm getting a lag on youtube now.)
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