Jeremy Gans Profile picture
Author of 'Guilty Pigs' (with @drkatybarnett) and 'The Ouija Board Jurors', among other things.
Admirable Snackbar Profile picture 1 added to My Authors
Jan 14 33 tweets 11 min read
267 page affidavit from ND team now up: fedcourt.gov.au/__data/assets/…. First notice to ND of cancellation:
Jan 14 17 tweets 1 min read
Surely I'm allowed to yell things at the screen? I love the brief pause whenever anyone refers to the FCFCOA.
Jan 14 12 tweets 1 min read
Orders:
If ND undertakes to file originating application, etc and cover costs for people affected etc
AND if Cth undertakes to not to remove ND and not to detain ND before 8am tomorrow and to detain ND with lawyers from 10-2 tomorrow and from 9am Sunday with two ABF goons 1. Leave to make subs by AV.
2. ND can make oral application for judicial review of the visa cancellation
3. Subject to 4, proceeding transferred to FCA (judge wrongly said FCC.)
Jan 14 9 tweets 1 min read
Kelly's raising the undetermined issue about ATAGI guidelines from Monday??? Is that in issue now? Kelly says he can take judicial notice of the effect of the pandemic, as an important foundational aspect of this case.
Jan 14 9 tweets 1 min read
The reasons are *starkly* different to the delegate's reasons.
Last time: might infect others.
This time: Minister assumes: ND has complied with law, negligible risk to others, has medical reason not to vax, and is of good standing. Foreshadowed ground 1: irrationality.

Minister *only* considers the 'potential for exciting anti-vaxx sentiment if ND remains'!

(!!!!!)
Jan 14 16 tweets 2 min read
Proposing sending it upstairs to the FCA, and making orders in the interim? Will go to the duty judge (currently O'Bryan J?)
Jan 14 4 tweets 1 min read
Live stream keeps defaulting to the previous hearing? Damn replays. Is it raining?
Jan 14 67 tweets 10 min read
“ASSOCIATE: Scott White, you stand charged by that name for that you, between 7 December 1988 and 11 December 1988 in Manly, in the State of New South Wales, did murder-
APPLICANT: Guilty
ASSOCIATE: Scott Johnson.
APPLICANT: I’m guilty.”: caselaw.nsw.gov.au/decision/17e51… “HER HONOUR: Ms Rigg?
APPLICANT: Yes, guilty.

The plea was entered in a loud clear voice, and in an emphatic and determined manner. To the Court’s observation, the applicant did not appear distressed, agitated, or anxious”
Jan 13 5 tweets 1 min read
Jesus. ABC dropped the presser already (still on ABC 24.) Does burying it in National Cabinet stuff point to a non-cancellation?
Jan 13 4 tweets 1 min read
Two podiums at the presser: ScoMo and Hawke, or ScoMo and Hunt? Not convinced I can reliably tell them apart: ImageImage
Jan 12 10 tweets 2 min read
“The Attorney General, when she challenges this, is not attacking the “sanctity of the jury system” as Emily Thornberry would have it, and a verdict is not “end of” when it comes to discussion of the law.” medium.com/@tonydowson180… If “lawful excuse” includes Articles 10 and 11, should this also apply to arson? Surely, it would be unreasonable to believe that a conviction for arson could constitute a disproportionate infringement of expression or assembly and association”
Dec 3, 2021 5 tweets 2 min read
“This time they were not searching a location, but a specific spot – a root ball hole left when a large tree fell over during a storm. Earthmoving equipment was used because police knew not only where, but how the killer disposed of them.”: theage.com.au/national/victo… (So, they either have:
- admissions directly from him
- admissions he is claimed to have made to someone else
- general statements from him of the ‘this is how I would dispose of a body’ sort
- an account from an accomplice
- some wacky circumstantial or forensic evidence.)
Dec 3, 2021 5 tweets 1 min read
“In 2020, Australian universities lost 5.1 per cent of 2019 revenue. 
Some lost much, much more…. The statistical outlier is the Australian National University, which lost 17.4 per cent of its revenue.”:
abc.net.au/news/2021-12-0… (So the ANU seems to be the only uni that would have qualified for JobKeeper under even the charity standard?)
Dec 3, 2021 5 tweets 2 min read
"The courts have consistently emphasised that because an appeal by the prosecutor subjects a sentenced offender to double jeopardy, the statutory procedures prescribed for such an appeal must be strictly complied with": aucc.sirsidynix.net.au/Judgments/VSCA… "the formulation of the notice of appeal constitutes a significant departure from the procedure prescribed by ss 287 and 288 for the filing of a notice of appeal by the Director against sentence."
Dec 3, 2021 15 tweets 4 min read
"great care must be taken in relying upon the danger of a jury’s decision-making being compromised by emotional responses to evidence relating to sexual offending against a child.": aucc.sirsidynix.net.au/Judgments/VSCA…. "In Snyder , the Court held that the possibility of an emotional response by the jury, whether ‘alone, or in combination with other factors, … could not lead to the exclusion under s 137 of highly probative evidence’. That proposition applies with equal force under s 101(2)."
Dec 3, 2021 7 tweets 3 min read
"In October, judges Murrell, Burns and Wigney overruled trial judge David Mossop’s decision to grant former AG Porter’s application to use judge-only evidence against Collaery": crikey.com.au/2021/12/03/col….

That's a *complete *misdescription of Mossop's and the ACTSC bench's ruling. The ACTCA ruling @bernardkeane discusses is summarised here: courts.act.gov.au/__data/assets/….

As it says, Mossop's ruling was NOT about using 'judge-only evidence', but about closing the court for part of the trial. All the trial evidence will be seen by Collaery, just not the public.
Dec 3, 2021 8 tweets 2 min read
Thread on the Cth's new attempt to close part of Collaery's trial, including making the case for the closure by relying on security evidence that Collaery and his lawyers can't be shown. One issue seems to be whether the AG is allowed a second go at seeking an order. Presumably, her argument will be that she had a first go with non-secret evidence and succeeded at trial, only to be overturned on appeal. Hence, this second try using different, secret, evidence.
Dec 1, 2021 5 tweets 2 min read
"GLEESON J: Mr Lenehan, I am concerned that the effect of your argument is to overturn – if accepted – to overturn potentially two lines of authority in the Federal Court. ": classic.austlii.edu.au/au/cases/cth/H… " It would help me if you could identify, at some stage, which of the Full Court’s decisions you would accept ought to be overturned on the argument that you are now putting.

MR LENEHAN: I will do that, Justice Gleeson. I will have Mr Kaplan give me a list before I sit down."
Dec 1, 2021 8 tweets 5 min read
Haven't looked at ag.gov.au in a long-time.
- a review of the Legislation Act
- travel advice for people planning to abduct their own children
-'I want to... prepare a Statement of Compatibility with human rights' ImageImageImage Ah, this is what I was looking for: ag.gov.au/legal-system/p….
Dec 1, 2021 15 tweets 7 min read
.@CrimeStatsVic has published an accessible database of data about family violence during the pandemic: app.powerbi.com/view?r=eyJrIjo… Ambulance Victoria data:
- significantly lower than forecast callouts Nov-Dec 2020 & Feb-Apr 2021
- otherwise within expected ranges. ImageImage
May 9, 2021 23 tweets 11 min read
A thread on the various filings in Porter v ABC.

All of these documents are freely and publicly available at fedcourt.gov.au/services/acces….
Kudos to the Federal Court for that! (Happily for me, I've no expertise in defamation law or civil proceedings, so this is all just armchair commentary. I've got expertise in evidence law, and like to read the pleadings in that light, but civil lawyers will tell me pleadings are different.)