Thanks JD. I agree the failing the pub test on the length of time is not a problem. Considering they have 2 NOPTA recommendations we assume, and it has been floating around the system for years in one form or another..
A logical way for them to have dealt with it IMO was after the consent orders were issued by the Federal court was to let it go back to NOPTA and then when they got its recommendation simply approve it quickly and counter the backlash by blaming the whole thing on Scomo. Which isn't really far off the mark.
It makes no sense to string it out for the last 8 months (since NOPTA delivered its recommendation) unless they just do not want to approve it and are putting it on the never never relying on the fact that no action can be taken by us until they deliver a decision. So have us in catch 22.
i agree with what you have said before and that is the reasons that Scomo gave in his rejection letter of Dec 22 were open to be challenged by us for all the reasons you have said. In our last federal court action we obviously went for the low hanging fruit and that is to challenge the decision on Apprehended bias. Because Scomo seemed to have lost the plot and ran off at the mouth so much it wasn't hard for us to get up on that.
is it possible that they are putting this off to as close to the election as possible to then reject it using the same reasons as last time and take the kudos in those coastal seats and look the hero etc?. They know that we will appeal it in the federal court but that is a problem for the next term or even better for them a problem for the libs if they get back in.
We would then have to argue the rejection points in federal court in the manner you have said before. Apprehended bias wouldn't be an issue for them this time because everyone has been zipped up and well behaved but i think appealing on the actual rejection points would still see us successful anyway just a lot further down the timeline.
There must be underlying politically strategic reason for the delay on this IMO. We need to find a lever to change their timeline whatever it is and force them to approve or reject sooner than they obviously want to so that things can then be progressed either way.
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