I sincerely doubt this gets to court, the Government has no case and they will have no choice but to concede under model litigant.
Re Discovery, yes, it would be extremely embarassing for the Government and if they foolishly elect to proceed past that point, I expect Justice Jackson will make it public like he did with Scomo.
The key strategic decisions for the Government, which I believe will be when mediation takes place, will occur post 19/3 and prior to the date set for lodgement of the defence IMO.
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