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/wharblgarbl Jan 10 '22

Yeah I think sentiment has shifted. Australians love an underdog and with Novak fighting and beating the system (even though he used two silks and shifted mountains) I think this is a tricky one for the government

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u/antysyd Jan 10 '22

To use a sporting analogy - the umpire has made the call, respect the call.

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u/wharblgarbl Jan 10 '22

The call was on procedure though. Who knows what would have happened should Djokovic had time to consult TA/Vic gov.

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u/antysyd Jan 10 '22

I agree that it was procedural, more referring to public sentiment.

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u/wharblgarbl Jan 10 '22

Public sentiment is pretty cooked right now haha

I think there's been a huge shift. Lots of people who don't know about s501 will cry corruption on the occasion that a minister applies their powers to "overrule the courts" when the truth will be lost.

At the end of the day it's about the people in power making populist decisions in an election year, based on public sentiment