I agree, it is not an "out" to sit on your hands and wait for...

I agree, it is not an "out" to sit on your hands and wait for NSW. King and Husic are empowered to compel NSW to respond, an omission is not an "out". I think the answer is that neither King nor Husic have called for the brief, hence they are deeming themselves not in possession of the advice. Multiple FOI requests have now confirmed this. The Federal Court Judge is going to be quite angry about their failure to act, I really hope the case is assigned to the same judge as last time. Hiding behind NSW was a bad idea. What I would like to know is who was instructing Laucher and Weeks to implement this strategy? My money is on PMC.