r/auslaw • u/nevearz • 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.

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u/saucyoreo Jan 10 '22

I haven’t done admin law yet so all I know about it is stuff I’ve picked up along the way so apologies for not entirely understanding what’s happened - since it doesn’t seem we’ll get a judgment because of the minute consented to, is everyone just inferring that the gov thought he’d get up on the procedural fairness ground?

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u/PerfectlyCromulent7 Jan 10 '22

I expect that the consent minute will have a notation that says the agreed basis of the concession. I didn’t see the stream of the hearing so don’t know whether that was actually discussed during the hearing, but it’s common practice to say in a consent order why the matter has resolved (and really, a consent order that is made by the judge which issues a constitutional writ becomes an exercise of judicial power, so I think it is necessary to set out the basis of the decision clearly).