I think the case management hearing is a bit early for that to happen. In the Scomo case, that hearing went ahead. As the ALP had by this stage inherited the case, they also went ahead and filed the defence (what we now refer to as the "Federal Court Bundle" as Judge Jackson was so appalled by the contents that he elected to make them publicly available). The purpose for filing the defence was to embarass Scott Morrison and the Liberal Party, it certainly wasn't for the purpose of defending the case, it was completely incriminatory. My understanding is that the ALP commenced mediation not long after the filing of the defence. The consent orders had been agreed in principle prior to Christmas but the judgement was delayed by the Christmas break. FOI documents evidence this.
If the LNP are in power, will they look to embarass the ALP by filing a defence? It's possible.
Or, if the LNP are in power, will they simply reverse the decision thus rendering the court case defunct? It's possible.
If the ALP retain power, no defence will be filed IMO, it's self-incriminatory.
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