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[2020] FCA 1221
Federal Court of Australia
2020-08-25
Mr P, Mr J, Rangiah J
Original judgment source is linked above.
Transcript 28 July 2020 p 207 ll 10-29
Transcript 28 July 2020 p 209 l 38 - p 215 l 34
Transcript 29 July 2020 p 249 ll 9-13
Expert Report of Professor Collignon, Court Book Tab 38 p 541 at [51]
Transcript 29 July 2020 p 268 l 46 - p 269 l 8
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 467 at [3.2.8]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 467 at [3.2.8]
Transcript 28 July 2020 p 187 ll 14-23
Transcript 28 July 2020 p 189 ll 6-19
Joint Experts' Report, Court Book Tab 43 p 700 at [1.2]
Transcript 28 July 2020 p 187 ll 25-29
Transcript 28 July 2020 p 191 ll 9-17
Report of Professor Blakely Identifying Differences of Opinion Between the Experts,Court Book Tab 41 p 681
Expert Report of Associate Professor Senanayake, Court Book Tab 37 p505
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 466 at [3.2.3]
Expert Report of Associate Professor Senanayake, Court Book Tab 37 p 497 at [23]
Expert Report of Professor Collignon, Court Book Tab 38 p 541 at [52]
Draft Consolidated Special Case p 4 at [9]
Daily Epidemiology Update as at 1500h, 27 July 2020, Court Book Tab 258 p 3552
Draft Consolidated Special Case p 4 at [10]-[11]
Draft Consolidated Special Case p 7 at [21(e)]
Draft Consolidated Special Case p 5 at [17]
Supplementary Expert Report of Dr Robertson, Court Book Tab 36 p 428 at [4.3.8]
Draft Consolidated Special Case p 5 at [14]
Draft Consolidated Special Case p 7 at [21(b)]-[21(c)]
Draft Consolidated Special Case p 4 at [8]
Draft Consolidated Special Case p 7 at [21(a)]
Draft Consolidated Special Case p 9 at [23(a)]
Joint Experts' Report, Court Book Tab 43 p 701 at [2]
Draft Consolidated Special Case, Court Book Tab 44 p 715 at [19]
Transcript 28 July 2020 p 183 ll 9-17
Transcript 28 July 2020 p 207 l 40 - p 209 l 26; Transcript 29 July 2020 p 313 l 45 - p 314 l 37
Supplementary Expert Report of Associate Professor Lokuge, Court Book Tab 42 p 686 at [14]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 456 at [2.3.8.3]
Expert Report of Associate Professor Senanayake, Court Book Tab 37 p 504
Draft Consolidated Special Case p 4 at [8]
Draft Consolidated Special Case p 3 at [4]
Joint Experts' Report, Court Book Tab 43 p 705 at [4.1]
Draft Consolidated Special Case pp 5-6 at [13], [19]
Draft Consolidated Special Case p 3 at [4]
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 469 at [3.2.15]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 pp 469-470 at [3.2.17]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 pp 469-470 at [3.2.17]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 470 at [3.2.19]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 471 at [3.2.21]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 479
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 471 at [3.2.22]
Supplementary Expert Report of Associate Professor Lokuge, Court Book Tab 42 p 685 at [10]-[11]
Supplementary Expert Report of Associate Professor Lokuge, Court Book Tab 42 pp 686-687 at [14]
Supplementary Expert Report of Associate Professor Lokuge, Court Book Tab 42 p 687 at [16]
Supplementary Expert Report of Associate Professor Lokuge, Court Book Tab 42 p 690 at [24]
Expert Report of Dr Robertson, Court Book Tab 34 p 426 at [3.4.1]-[3.4.2]
Joint Experts' Report, Court Book Tab 43 pp 701-702 at [2]
Draft Consolidated Special Case p 13 at [30]
Draft Consolidated Special Case p 10 at [23(i)]-[23(j)]
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Daily Epidemiology Update as at 1500h, 24 July 2020 p 2; Daily Epidemiology Update asat 1500h, 27 July 2020, Court Book Tab 258 p 3554
Draft Consolidated Special Case p 59 at [133]
Transcript 27 July 2020 p 76 ll 3-7
Supplementary Expert Report of Dr Robertson, Court Book Tab 36 p 489
Expert Report of Dr Robertson, Court Book Tab 34 pp 424-425 at [3.2]-[3.3]
Transcript 28 July 2020 p 124 ll 36-47
Supplementary Expert Report of Dr Robertson, Court Book Tab 36 p 486 at [3]-[4]
Joint Experts' Report, Court Book Tab 43 pp 704-705 at [4.1]
Joint Experts' Report, Court Book Tab 43 p 705 at [4.1]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 457 at [2.3.9.1.1]-[2.3.9.1.2]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 457 at [2.3.9.1.3]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 471 at [3.2.24]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 468 at [3.2.10]
Supplementary Expert Report of Associate Professor Lokuge, Court Book Tab 42 p 690 at [24]
Joint Experts' Report, Court Book Tab 43 pp 701-702 at [2]
Joint Experts' Report, Court Book Tab 43 pp 704-705 at [4.1]
Joint Experts' Report, Court Book Tab 43 p 705 at [4.1]
Joint Experts' Report, Court Book Tab 43 pp 704-705 at [4.1]
Joint Experts' Report, Court Book Tab 43 pp 702, 705 at [3.1] and [4.1]
Expert Report of Professor Collignon, Court Book Tab 38 p 535 at [31]
Expert Report of Professor Collignon, Court Book Tab 38 p 536 at [32]
Expert Report of Professor Collignon, Court Book Tab 38 pp 536-537 at [33]-[34]
Expert Report of Professor Collignon, Court Book Tab 38 p 537 at [35]-[36]
Expert Report of Professor Collignon, Court Book Tab 38 p 537 at [37]
Expert Report of Professor Collignon, Court Book Tab 38 p 537 at [38]
Joint Experts' Report, Court Book Tab 43 p 701 at [2]
Joint Experts' Report, Court Book Tab 43 p 704 at [4.1]
Transcript 29 July 2020 p 282 ll 1-2
Expert Report of Associate Professor Senanayake, Court Book Tab 37 p 501 at [41]
Joint Experts' Report, Court Book Tab 43 p 702 at [3.1]
Joint Experts' Report, Court Book Tab 43 pp 704-705 at [4.1]
Joint Experts' Report, Court Book Tab 43 pp 704-705 at [4.1]
Expert Report of Associate Professor Senanayake, Court Book Tab 37 pp 501-502 at [43].
Draft Consolidated Special Case p 68 at [170]
Expert Report of Professor Collignon, Court Book Tab 38 p 537 at [36]
Joint Experts' Report, Court Book Tab 43 p 702 at [3.1].
Draft Consolidated Special Case pp 34, 50 at [70], [103]
Transcript 27 July 2020 p 81 ll 27-32
Daily Epidemiology Update as at 1500h, 27 July 2020, Court Book Tab 258 p 3554
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 468 at [3.2.10]
Expert Report of Professor Collignon, Court Book Tab 38 p 535 at [31]
DraftConsolidated Special Case pp 69-79 at [172]-[196]
Joint Experts' Report, Court Book Tab 43 p 704 at [4.1]
Joint Experts' Report, Court Book Tab 43 p 702 at [3.1]
Joint Experts' Report, Court Book Tab 43 p 701 at [2]
Draft Consolidated Special Case pp 74-78 at [186]-[193]
Joint Experts' Report, Court Book Tab 43 pp 704-705 at [4.1]
Expert Report of Professor Collignon, Court Book Tab 38 p 539 at [47]
Expert Report of Associate Professor Senanayake, Court Book Tab37 p 493 at [2] and [7]
Expert Report of Associate Professor Senanayake, Court Book Tab37 p 495 at [13]
Expert Report of Associate Professor Senanayake, Court Book Tab37 p 497 at [23]
Transcript 28 July 2020 p 213 l 3 - p 214 l 41
Transcript 28 July 2020 p 219 ll 10-45
Transcript 28 July 2020 p 205 l 10 - p 206 l 5
Transcript 28 July 2020 p 207 l 40 - p 209 l 26
Transcript 28 July 2020 p 233 ll 14-21
Expert Report of Professor Blakely, Court Book Tab 40 pp 602-603
Expert Report of Professor Blakely, Court Book Tab 40 p 603
Expert Report of Professor Blakely, Court Book Tab 40 p 604
Expert Report of Professor Blakely, Court Book Tab 40 p 604
Expert Report of Professor Blakely, Court Book Tab 40 p 606
Expert Report of Professor Blakely, Court Book Tab 40 p 607
Expert Report of Professor Blakely, Court Book Tab 40 p 609
Expert Report of Professor Blakely, Court Book Tab 40 p 609
Expert Report of Professor Blakely, Court Book Tab 40 pp 609-611 at [3.5]
Expert Report of Professor Blakely, Court Book Tab 40 p 611
Exhibit 7 - Table 3: Average or expected years and months to outbreak, and average monthly probability (and %) of outbreak per month - Using up to date Victorian data
Exhibit 7 - Table 3: Average or expected years and months to outbreak, and average monthly probability (and %) of outbreak per month - Using up to date Victorian data
Exhibit 7 - Table 3: Average or expected years and months to outbreak, and average monthly probability (and %) of outbreak per month - Using updated NSW data to 23 July
Exhibit 7 - Table 3: Average or expected years and months to outbreak, and average monthly probability (and %) of outbreak per month - Using updated NSW data to 23 July
Joint Experts' Report, Court Book Tab 43 pp 699-700 at [1.1]
Expert Report of Professor Blakely, Court Book Tab 40 p 602
Transcript 29 July 2020 p 380 l 26 - p 381 l 8
Transcript 28 July 2020 p 107 ll 8-30
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 456 at [2.3.8.3]
Transcript 28 July 2020 p 106 l 1
Transcript 28 July 2020 p 112 ll 37-38
Transcript 28 July 2020 p 107 l 43 - p 108 l 2.
Transcript 28 July 2020 p 114 ll 10-13
Transcript 29 July 2020 p 401 ll 22-27
Expert Report of Professor Collignon, Court Book Tab 38 p 541 at[31]
Joint Experts' Report, Court Book Tab 43 p 700 at [1.2]
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Expert Report of Professor Collignon, Court Book Tab 38 p 541 at [51]
Expert Report of Dr Robertson, Court Book Tab 34 pp 424-425 at [3.2.1]-[3.3.2]
Expert Report of Dr Robertson, Court Book Tab 34 p 425 at [3.3.3]-[3.3.5]
Transcript 27 July 2020 p 73 ll 31-34
Transcript 28 July 2020 p 103 l 46 - p 104 l 4
Transcript 28 July 2020 p 124 ll 36-47
Expert Report of Dr Robertson, Court Book Tab 34 p 425 at [3.3.5]
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Joint Experts' Report, Court Book Tab 43 pp 700-701 at [1.2]
Transcript 27 July 2020 p 39 ll 22-26
Transcript 27 July 2020 p 85 ll 28-34
Transcript 27 July 2020 p 87 l 3 - p 88 l 8
Joint Experts' Report, Court Book Tab 43 p 700 at [1.2]
Transcript 28 July 2020 p 135 l 31 - p 136 l 5
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 466 at [3.2.5]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 467 at [3.2.8]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 pp 468-469 at [3.2.11]-[3.2.12]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 469 at [3.2.13]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 pp 471-472 at [3.2.24]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 473 at [4.1.1]
Supplementary Expert Report of Associate Professor Lokuge, Court Book Tab 42 p 688 at [18]-[19]
Supplementary Expert Report of Associate Professor Lokuge, Court Book Tab 42 p 689 at [23]
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Joint Experts' Report, Court Book Tab 43 pp 699-700 at [1.1]
Joint Experts' Report, Court Book Tab 43 pp 702-703 at [3.1]
Expert Report of Professor Blakely, Court Book Tab 40 p 603
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Expert Report of Dr Robertson, Court Book Tab 34 p 425 at [3.3.2]-[3.3.5]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 471 at [3.2.24]
Transcript 28 July 2020 p 173 l 8 - p 174 l 39
Daily Epidemiology Update as at 1500h, 27 July 2020, Court Book Tab 258 p 3552; Daily Epidemiology Update as at 1500h, 24 July 2020
Transcript 28 July 2020 p 138 ll 44-47
Exhibit 7 - Table 3: Average or expected years and months to outbreak, and average monthly probability (and %) of outbreak per month - Using up to date Victorian data
Supplementary Expert Report of Associate Professor Lokuge, Court Book Tab 42 p 687 at [16]
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Stay Safe Directions (No 6) (Vic), Court Book Tab 198 p 2375
Stay at Home Directions (Restricted Areas) (No 3) (Vic), Court Book Tab 197 p 2362
Draft Consolidated Special Case pp 57-58 at [128]
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Daily Epidemiology Update as at 1500h, 27 July 2020, Court Book Tab258 p 3552
Exhibit 7 - Table 3: Average or expected years and months to outbreak, and average monthly probability (and %) of outbreak per month - Using updated NSW data to23 July
Transcript 29 July 2020 p 407 ll 28-31
Transcript 29 July 2020 p 355 ll 31-40
Draft Consolidated Special Case p 67 at [163]-[166]
Daily Epidemiology Update as at 1500h, 27 July 2020, Court Book Tab 258 p 3554
Transcript 28 July 2020 p 123 ll 14-21
Draft Consolidated Special Case p 62 at [146]
Daily Epidemiology Update as at 1500h, 27 July 2020, Court Book Tab 258 p 3554
Draft Consolidated Special Case p 64 at [152]
Daily Epidemiology Update as at 1500h, 27 July 2020, Court Book Tab 258 p 3554
Draft Consolidated Special Case p 68 at [170]-[171]
Daily Epidemiology Update as at 1500h, 27 July 2020, Court Book Tab 258 p 3554
Transcript 27 July 2020 p 87 l 3 - p 88 l 8
Draft Consolidated Special Case p 67 at [159]-[161]
COVID-19 Epidemiology Report 20 (to 5 July 2020), Court Book Tab 91 p1495
Draft Consolidated Special Case pp 60-61 at [138]-[140]
Public Health Alert: Three new COVID-19 cases, Court Book Tab 257
Transcript 29 July 2020 p 349 l 4 - p 351 l 5
Joint Experts' Report, Court Book Tab 43 p 701 at [2]
Expert Report of Associate Professor Lokuge, Court Book Tab 35 p 473at [4.3.2]
Expert Report of Professor Blakely, Court Book Tab 40 p 609 at [3.4.2]
Joint Experts' Report, Court Book Tab 43 p 701 at [2]
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Expert Report of Dr Robertson, Court Book Tab 34 p 425 at [3.3.1]
Draft Consolidated Special Case p 92 at [218]
Transcript 27 July 2020 p 82 ll 14-15
Draft Consolidated Special Case p 91 at [212]
Transcript 29 July 2020 p 285 ll 9-16
Exhibit 7 - Table 3: Average or expected years and months to outbreak, and average monthly probability (and %) of outbreak per month - Using up to date Victorian data
Exhibit 7 - Table 3: Average or expected years and months to outbreak, and average monthly probability (and %) of outbreak per month - Using up to date Victorian data
Exhibit 7 - Table 3: Average or expected years and months to outbreak, and average monthly probability (and %) of outbreak per month - Using updated NSW data to 23 July
Draft Consolidated Special Case p 79 at [196]
Expert Report of Professor Blakely, Court Book Tab 40 p 619
Expert Report of Professor Blakely, Court Book Tab 40 p 611
Expert Report of Associate Professor Lokuge, Court Book Tab 35 pp 468-469 at [3.2.11]-[3.2.12]
Transcript 27 July 2020 p 82 ll 14-15
Draft Consolidated Special Case p 94 at [227]
Draft Consolidated Special Case p 94 at [219]
Expert Report of Professor Collignon, Court Book Tab 38 p 541 at [52]
Expert Report of Professor Collignon, Court Book Tab 38 p 542 at [53]
Transcript 29 July 2020 p 269 ll 1-13
Joint Experts' Report, Court Book Tab 43 p 699 at [1.1]
Draft Consolidated Special Case p 4 at [8]
Transcript 29 July 2020 p 392 ll 19-26
Joint Experts' Report, Court Book Tab 43 p 704 at [3.2]
Transcript 28 July 2020 p 120 ll 25-31
Transcript 28 July 2020 p 179 ll 24-30
Transcript 28 July 2020 p 224 l 13 - p 225 l 1
Transcript 29 July 2020 p 318 l 28 - p 319 l 16
Transcript 28 July 2020 p 234 ll 4-7; Transcript 29 July 2020 p 350 ll 23-24; Transcript 29 July 2020 p 406 ll 31-35.
Public Health Alert: Three new COVID-19 cases, Court Book Tab 257
Joint Experts' Report, Court Book Tab 43 pp 703-704 at [3.2]
Joint Experts' Report, Court Book Tab 43 pp 703-704 at [3.2]
Transcript 28 July 2020 p 113 ll 1 - 10
Palmer
State of Western Australia
(2005) 224 CLR 322
(2019) 271 FCR 632
(2008) 234 CLR 418
(1984) 153 CLR 521
(2019) 93 ALJR 448
(2013) 252 CLR 168
(2015) 257 CLR 178
(2017) 91 ALJR 262
(2007) 233 CLR 307
(2019) 264 CLR 595