I'm with footy. The tip-off from informed contacts here in Perth...

I'm with footy.

The tip-off from informed contacts here in Perth is that the DMP is waiting until the time expires for any possible (but highly unlikely) appeal from the Federal Court decision on 23 December 2013. The feeling is that any appeal would be groundless, ultimately hopeless, and be simply bloody-minded, and likely to be met with a barrage from OBL including expedited moves to strike it out and security for costs up-front.

The Federal Court appeal time period is usually 21 days but we have an interesting aberration here since Rule 1.61 of the Federal Court Rules 2011 that covers the calculation of time states in 1.61(5) that: "If the time fixed includes a day in the period starting on 24 December in a year and ending on 14 January in the next year, the day is not to be counted".

So the decision on 23 December 2013, a period then not counted, and then 21 days from and including 15 January 2014 resulting in the general appeal period finishing on Tues 4 February 2014.

With freedom to act, it will no doubt take the DMP/Minister a few days, so footy's Fri 14 February 2014 (Valentine's Day - how appropriate) is a good punt.