Updates (by date)

Case files

Some documents are marked N/A because publication would breach the implied undertaking that documents obtained in the course of a proceeding will not used for any other purpose. I might be able to publish some of them in the future.
ART merits review - 2025/4916
2026-08-03 download ART decision and reasons granting confidentiality order application over McDonald closed affidavit
2026-07-31 N/A Tweedale Statement of Facts Issues and Contentions
2026-07-31 N/A Tweedale affidavit
2026-07-31 N/A Expert witness report: Prof. Vanessa Teague
2026-07-31 N/A Expert witness report: Dr Peter Serwylo
2026-07-09 download ART Direction that Respondent must by 15 July give to Tribunal a document setting out which information in McDonald closed affidavit is already disclosed elsewhere
2026-07-09 download ART minor variation to Directions of 29 May 2026
2026-07-02 download Tweedale affidavit in opposition to confidential order application, setting out and explaining information about the App that is in the public domain
2026-06-22 N/A Services Australia's reply submissions in support of confidentiality order application
2026-06-17 download Re-filing of my submissions of 2026-06-10 with minor corrections
2026-06-10 download Tweedale submissions opposing the confidentiality order application (re-filed on 2026-06-17 with minor corrections)
2026-05-29 N/A ART listing notice for resumed confidentiality order hearing, Thursday 9 July, 09:00
2026-05-28 N/A Services Australia's submissions in support of their confidentiality order application
2026-05-26 N/A Services Australia's Statement of Facts, Issues and Contentions (SFIC)
2026-05-25 N/A Open affidavit of Mr Garrett McDonald, General Manager Cyber Security, Services Australia
2026-05-25 N/A Closed affidavit of Mr Garrett McDonald, General Manager Cyber Security, Services Australia (redacted version received 2026-08-04).
2026-04-21 N/A ART lists substantive hearing for 2–4 September
2026-04-14 download ART moves confidentiality order hearing to Friday 2026-05-29, 09:00
2026-04-13 download ART varies the timeline: SA's SOFIC and evidence now due 25 May, mine due 17 July
2026-04-08 download ART moves confidentiality order hearing to Friday 2026-04-17
2026-04-01 download Listing notice—interlocutory hearing, Monday 2026-04-13—contested confidentiality order application.
2026-03-04 download Letter to AGS (solicitor for Respondent) proposing case conference to try to narrow the issues for determination by the Tribunal (Respondent declined).
2026-03-03 download Consent order limiting scope of review to the Android source code.
2026-02-24 download Agreement and request for consent order to limit scope of review to the Android source code.
2026-02-04 download Confirmation of transfer to the ART Melbourne registry pursuant to my request (unopposed by respondent)
2026-01-23 download Decision granting respondent's request for Tribunal's power to be exercised in the Intelligence and Security Jurisdictional Area (ISJA), and reasons
2026-01-15 download Tweedale submissions opposing the ISJA application
2025-12-23 N/A Respondent's Intelligence and Security Jurisdictional Area application
2025-12-17 download Directions made at 17 December directions hearing, setting out the timeline for the proceeding
2025-12-10 N/A Letter to Ms Kendall Mutton of King & Wood Mallesons (then acting for Services Australia) stating intention to oppose the proposed confidentiality order sought by respondent over parts of the T-documents. The respondent changed their representation to the Australian Government Solicitor soon after receiving this.
2025-10-29 N/A T-documents - the initial bundle of documents given to ART by respondent outlining the full history of the matter - with some redactions in line with proposed confidentiality order.
2025-10-29 N/A Proposed confidentiality order sought by respondent over part of the T-documents, covering some personal information of employees (not opposed) and other material (opposed)
2025-10-01 download Notice of directions hearing listing
2025-10-01 download ART application acknowledgement
2025-10-01 download Application fee payment receipt
2025-09-15 download Letter from ART advising payment of the $1148 application fee is due
Information Commissioner review - OAIC MR22/00021
2025-06-06 download Notice of s 54W(b) decision
2025-05-20 download Notice of intention to recommend that an IC review not to be undertaken under s 54W(b) of the FOI Act
2022-01-10 download Information Commissioner review application letter
Internal review - LEX 64833
2021-11-11 download Internal Review decision affirming the original decision
2021-10-12 download Internal Review application letter
Original FOI request - LEX 63435
2021-09-13 download Access refusal decision letter - relying on s 47E(d)