Monday, 1 November 2021

Federal government refuses Nick Xenophon’s call to join David and Goliath battle

For some inexplicable reason the Attorney General has advised us that she is not intending to file an amicus brief in support of our US Supreme Court appeal despite giving us $200,000 under the Special Circumstances Scheme to hire a specialist US Supreme Court advocate to run our appeal, namely Seth Waxman of WilmerHale.

Interestingly the Special Circumstances Scheme Guidelines state that a grant will be awarded "where no other scheme of legal financial assistance applies, but there is a moral obligation on the Commonwealth to make a grant".

So it seems the Australian Government acknowledges that there is a moral obligation to give us $200,000 to run our case but not a moral obligation to file an amicus brief to help us win.

Having said that, we are pulling out all stops to try to get the Government to change its mind.

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