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Greens senator says major parties are 'no better than arsonists' – politics live Greens senator says major parties are 'no better than arsonists' – politics live
(32 minutes later)
Jordon Steele-John uses energy debate to attack Labor and Coalition support of coal industryJordon Steele-John uses energy debate to attack Labor and Coalition support of coal industry
Penny Wong just tried to bring an end to question time - “I think the time for questions has expired,” she says, probably hopefully.
Alas, no. There are two more minutes.
Annika Smethurst’s lawyers have been urged to clarify their case on whether material copied from her phone was confidential to support her bid to force police to delete the information taken during the raid on her home.
On Tuesday the high court stood over oral submissions to Wednesday’s hearing to give Smethurst’s counsel time to clarify her case and consider seeking an order to prevent the use of material copied from her phone rather than its destruction.
Smethurst has asked the court for an injunction ordering the police to destroy material collected and copied from her phone on the basis the raid in June constituted trespass.
Smethurst’s counsel, Stephen Lloyd, was grilled repeatedly about how the court could order destruction of documents, without a breach in equity such as a breach of confidence.
Chief justice Susan Kiefel said that a breach of confidentiality could result in destruction of confidential material but noted “that’s not this case” and the plaintiffs had “never said the information was confidential to the plaintiff”, an observation echoed by Justice Patrick Keane.
Justice Geoffrey Nettle noted that trespass could result in damages but asked what grounds Smethurst had to ask for destruction of the information “if it is not confidential – and it doesn’t sound like it is [confidential] to you”.
Lloyd responded that damages were “not an adequate remedy” and although the plaintiffs hadn’t asserted breach of confidence the court should undo the wrong of material being “forcibly taken from the phone” through the torts of trespass and conversion.
Kiefel suggested some of the material may be confidential depending on its “ultimate source” and queried whether a negative injunction ordering the police not to use the information would be sufficient. Lloyd said that it may be.
Lloyd then changed tack, arguing that copied material is confidential in the sense that “it’s on their own phone and they’re the only one that can access it”.
After a short break, the court returned and Kiefel suggested it stand over submissions on relief so that Smethurst’s counsel could consider their position further.
Lloyd suggested on Wednesday he may shift Smethurst’s case to seek a negative injunction preventing police using material seized and copied, rather than its destruction.
Kiefel replied that Lloyd would still have to examine the “underlying cause [of action]” and warned “the basis for a negative or mandatory injunction needs to be dealt with with a good degree of particularity tomorrow morning”.
Again, it was Barnaby Joyce who raised the issue in response to a question about resources for hazard reduction burns.
His comments were run in full.
Barnaby Joyce has explained his comments to Sam Maiden at the New Daily:
Jacqui Lambie asks about the number of lobbying and unescorted passes in parliament.
It is a question for Scott Ryan, as a representative of DPS.
Ryan refers her estimate hearings transcripts.
It is worth noting that Barnaby Joyce brought this up himself – he was asked about whether or not fire and emergency service workers had enough resources for hazard reduction, and included the deaths of Vivian Chaplain and George Nole and his view of their political leanings in his answer, without any prompting.
I am not sure there is ever an appropriate time to bring that up – and not just because now is not the time “to talk politics”.
Richard Colbeck is now talking about all the action the government has taken on aged care.
Given that most of the response has been “this is terrible, and we will look at it”, it is not the strongest of answers here.
Does Simon Birmingham have any information about potential power blackouts in South Australia, Stirling Griff asks?Does Simon Birmingham have any information about potential power blackouts in South Australia, Stirling Griff asks?
Grid reliability in SA is improving, Birmingham says.Grid reliability in SA is improving, Birmingham says.
The reliability standard in SA is “expected to be met”.The reliability standard in SA is “expected to be met”.
Oh look – a lot of it is because of new renewables coming on to the grid.Oh look – a lot of it is because of new renewables coming on to the grid.
We move on to the dairy code of conduct – and why the exposure draft has been changed (which was the question Bridget McKenzie couldn’t answer this morning on ABC radio).We move on to the dairy code of conduct – and why the exposure draft has been changed (which was the question Bridget McKenzie couldn’t answer this morning on ABC radio).
There is still not an answer. But we do have a nice history of how we got here.There is still not an answer. But we do have a nice history of how we got here.
Senate question time begins with an update on the fire, and the defence force role.Senate question time begins with an update on the fire, and the defence force role.
It is as expected – helping with coordination and remaining on standby – but they are not firefighters.It is as expected – helping with coordination and remaining on standby – but they are not firefighters.
We are coming up to Senate question time.We are coming up to Senate question time.
Sigh.Sigh.
Larissa Waters has seen the Parliamentary Friends of Resources Christmas party invite:Larissa Waters has seen the Parliamentary Friends of Resources Christmas party invite:
Mehreen Faruqi singled out Joel Fitzgibbon:Mehreen Faruqi singled out Joel Fitzgibbon:
This seems like pretty bad timing, given everything that is happening with the fire emergency:This seems like pretty bad timing, given everything that is happening with the fire emergency:
Labor senator Murray Watt jumped in there, with an interjection:Labor senator Murray Watt jumped in there, with an interjection:
MW:MW:
We are used to Senator Steele-John’s lectures … but it is highly offensive for him to refer to members of this chamber, regardless of their political party, as arsonists.We are used to Senator Steele-John’s lectures … but it is highly offensive for him to refer to members of this chamber, regardless of their political party, as arsonists.
… It is an indication of the lengths that the Greens will go to to make their political point and I ask him to withdraw.… It is an indication of the lengths that the Greens will go to to make their political point and I ask him to withdraw.
Jordon Steele-John did not have to withdraw:Jordon Steele-John did not have to withdraw:
Steele-John:Steele-John:
Meanwhile, over in the Senate, Greens senator Jordon Steele-John has accused both major parties of being “no better than a bunch of arsonists, borderline arsonists” for supporting the coal industry, during the big stick Senate debate.Meanwhile, over in the Senate, Greens senator Jordon Steele-John has accused both major parties of being “no better than a bunch of arsonists, borderline arsonists” for supporting the coal industry, during the big stick Senate debate.
Steele-John:Steele-John:
This is also going onThis is also going on
Over in Senate estimates, Barnaby Joyce’s comments have made waves:Over in Senate estimates, Barnaby Joyce’s comments have made waves:
Kristina Keneally: Minister I have a question for you. Earlier today Barnaby Joyce said on Sky News …Kristina Keneally: Minister I have a question for you. Earlier today Barnaby Joyce said on Sky News …
Chair David Fawcett: Excuse me Senator Keneally just a reminder to use the correct titles when referring to members of the other House.Chair David Fawcett: Excuse me Senator Keneally just a reminder to use the correct titles when referring to members of the other House.
KK: The member for New England said on Sky News that the two people who died in bushfires, he said, “I acknowledge that the two people who died were most likely people who voted for the Green party so I’m not going to start attacking them. That’s the last thing I want to do.” How does he know who they voted for and why does it matter? They’re dead; they died in a bushfire. Isn’t that enough?KK: The member for New England said on Sky News that the two people who died in bushfires, he said, “I acknowledge that the two people who died were most likely people who voted for the Green party so I’m not going to start attacking them. That’s the last thing I want to do.” How does he know who they voted for and why does it matter? They’re dead; they died in a bushfire. Isn’t that enough?
Simon Birmingham: I’ve not seen the quotes Senator Keneally, I have no idea what Mr Joyce was referring to and they’d be questions for him.Simon Birmingham: I’ve not seen the quotes Senator Keneally, I have no idea what Mr Joyce was referring to and they’d be questions for him.
KK: Do you think it matters who they voted for?KK: Do you think it matters who they voted for?
SB: No Senator.SB: No Senator.
KK: Do you associate yourself with those comments?KK: Do you associate yourself with those comments?
Fawcett: I remind you this is a Senate estimates hearing into the Department of Environment. The comments by a backbencher are not relevant for this hearing.Fawcett: I remind you this is a Senate estimates hearing into the Department of Environment. The comments by a backbencher are not relevant for this hearing.
KK: They’re very relevant.KK: They’re very relevant.