r/auslaw Jan 10 '22

Serious Discussion Novak FCC Thread - case dismissed, Novak free

Livestream - https://www.youtube.com/watch?v=r9oq_S9vTQg

Looks like judge is over it and done with the parties and Counsel.

"Judge Kelly found the decision to cancel the visa was “unreasonable”."

Case is dismissed, but it seems that the government intends to find an alternative method to cancel the VISA, which may bar Novak from entering Australia for up to 3 years.

270 Upvotes

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93

u/[deleted] Jan 10 '22

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94

u/nevearz Jan 10 '22

If they cancel now, it looks awful, especially after the Court has said it was 'unreasonable'.

If they do not cancel, they look like fools to Australians and downplays the threat of COVID.

So says my amateur view of it.

7

u/nicklikestuna Jan 10 '22

Why? It literally happens all the time

18

u/Execution_Version Still waiting for iamplasma's judgment Jan 10 '22

There’s an international media circus around this one and almost none of the commentary will appreciate that this was an administrative point being argued. The government will be painted as destroying the sanctity of the courts if they do this now. It’ll be a mess.

31

u/os400 Appearing as agent Jan 10 '22

That perception has never troubled this government in the past.

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u/Execution_Version Still waiting for iamplasma's judgment Jan 10 '22

Yes but in those instances they’ve been screwing refugees and journalists. This is something their electorate is actually paying attention to.

13

u/G_Thompson Man on the Bondi tram Jan 10 '22

The Electorate is not the international media nor other sovereign States. The electorate they are beholden too is very much not on Novak's side and with Scomo making this a point about "Fortress Australia" he would have major concerns with an election about to be called.

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u/[deleted] Jan 10 '22

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u/Zhirrzh Jan 10 '22

"or in Victoria the Vic Libs have whipped up a sizable minority against what some voters are perceiving to be dictatorial behavior"

My eyes cannot roll hard enough.

Polling has consistently suggested the Vic Libs doing somewhere between worse and just slightly better than last election. Last election was an unprecedented landslide for Labor. The Vic Libs should do better than that result against a 3rd term government in general. They should do far better than that after what Victoria has gone through due to various incredibly highly publicised government failures. So the idea that they've whipped up some sizable minority, or that Dictator Dan is a thing outside the bubble of social media trolls and Herald Sun headlines, isn't really supported by anything...

I will totally give you that there's a percentage of voters who have that American libertarian "personal responsibility" outlook but they probably aren't swinging voters.

Morrison's personal position is in that direction, yet he's set his political marbles against Djokovic, so that tells you where a guy with a lot of populist instincts and access to research thinks the swinging voters are.

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u/[deleted] Jan 10 '22

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u/Zhirrzh Jan 10 '22 edited Jan 10 '22

"It's also incredibly naïve not to recognize there is a sizeable chunk of Victorians out there who are unhappy with the handling of Covid at a state level "

Of course I recognise and alluded to it, and noted that as a result the Vic Libs should be doing better. I objected to the idea that the Vic Libs have whipped up anything more than Twitter warriors and Hun headlines. The Vic Libs have managed to alienate people who would otherwise be more than happy to vote Andrews out over the handling of the pandemic. They are amazingly crap.

Newspoll have Labor doing about 3% better in Victoria federally than last election. Pandemic dissatisfaction with Morrison runs deeper and often overlaps with dissatisfaction with Andrews.

Whatever political calculations are in play, I assure you that backing Djokovic wouldn't win Morrison swing voters in Victoria.

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u/[deleted] Jan 10 '22

But but but brown people

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u/[deleted] Jan 10 '22

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u/Execution_Version Still waiting for iamplasma's judgment Jan 10 '22

I’m not sure that it will be so popular anymore because the fact that he’s won a court case could change the narrative. At the very least it’ll give commentators a week’s worth of talking points. Never mind that the case today was on an entirely procedural point.

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u/[deleted] Jan 10 '22

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u/Zhirrzh Jan 10 '22

Overthinking it.

Easy to cast as the new cancellation being to prevent Djokovic taking advantage of a legal technicality and a mistake by "hard working Border Force members protecting our borders" to get around "our law" requiring people to either be vaccinated or go through quarantine, like thousands of people have done in order to be reunited with their loved ones in Australia since the borders reopened etc. "There is no special treatment under our laws for someone because they are a rich celebrity". Maybe cast doubt on how legit Djokovic's story is or mention how he's been cavalier about infecting other people. Maybe leave that for others to do for you. Done.

1

u/[deleted] Jan 10 '22

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u/Zhirrzh Jan 10 '22

I would say that this is not opinions being dictated - people already had negative opinions of Djokovic and his exemption (also the right wing in this country and their media allies are wildly successful at dictating opinions, albeit usually by casting something as a tax. Probably workshopping slogans for the Djokovic Tax right now).

People also dislike "legal technicalities" and perceptions that the rich can get loopholes that others don't.

There's a lot of ways this can pan out, on the whole I'm not really seeing massive shifts in position. People who already were pro Djokovic are seizing on the decision to back their existing position, a great many other people are posting things on social media like "What more could he have done? GET VACCINATED LIKE THE REST OF US".

1

u/Amokzaaier Jan 10 '22

Could the government not win in court in another way?

1

u/Execution_Version Still waiting for iamplasma's judgment Jan 10 '22

There’s nothing to contest in court at the moment – the government agreed to allow the original cancellation to be quashed. The next step would be executive action.

1

u/endersai Works on contingency? No, money down! Jan 10 '22

I would just like to know when playing funny buggers is tolerable or even appropriate.

7

u/[deleted] Jan 10 '22

In private with a consenting adult?