Federal government’s bid to delay Novak Djokovic court case rejected

The Australian government is racing the clock to prepare its case against Novak Djokovic after a last-ditch bid for a delay was rejected.

The Federal Government’s bid to be granted an extra two days to prepare for Novak Djokovic’s court case has been rejected.

Djokovic’s case will be heard on Monday as originally planned after Home Affairs Minister Karen Andrews’ application to the Federal Circuit Court to adjourn the case until Wednesday was denied by Judge Anthony Kelly.

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The government’s request to delay the case is believed to have been prompted by Djokovic’s legal documents submitted on Saturday.

In the 35-page submission, his legal team argued the Australian Travel Declaration assessment suggested he met the requirements for quarantine-free travel into Australia and he was not treated with procedural fairness.

The documents also revealed the world No. 1 tested positive to Covid-19 on December 16 and he had used the positive PCR test to be granted a vaccine exemption to enter Australia.

In the preliminary hearing held on Friday, Tennis Australia’s lawyers said it would need to know if Djokovic would be able to compete in the Australian Open by Tuesday for scheduling reasons.

Leading lawyer Justin Quill from major law firm Thomson Geer told the Herald Sun the plea for a delay showed the federal government was “obviously scrambling” and on the “back foot”.

“It appears they now think there is a lot more to this than they had previously thought,” he said.

“The ball is now in the minister’s court to respond with their legal written submissions.”

The ball is now in the federal government’s court. (Photo by Daniel Pockett/Getty Images)

In the documents filed on Saturday, Djokovic’s lawyers claim he received a letter from the Department of Home Affairs informing him that his Australian Travel Declaration appeared to meet the requirements.

“The Declaration Assessment told Mr Djokovic that “(his) Australia Travel Declaration (had) been assessed”, and that “(his) responses indicated that (he met) the requirements for a quarantine-free arrival into Australia where permitted by the jurisdiction of your arrival”, that jurisdiction being Victoria,” the documents read.

“Understandably, given that he:

“(1) held a visa unqualified by any relevant condition;

“(2) had received certification of a medical exemption from vaccination from the Tournament organiser, that certification being granted after review by a panel established by the Victorian State Government;

“(3) had received from the Department of Home Affairs a document informing him that he met the requirements for quarantine-free arrival, “Mr Djokovic understood that he was entitled to enter Australia and Victoria and to compete in the Australian Tennis Open.”

However, questions have been raised over the authority of an Australian Travel Declaration, with many doubting whether it is the “rubber stamp” Djokovic’s legal team is making it about to be.

According to The Australian, the letter Djokovic’s legal team appears to be referring to is “self-generated”, based on data provided by the traveller to the Australian Travel Declaration app, and does not validate whether the passenger has an approved visa, travel exemption or provides approvals for entry into Australia.