Case timeline update + hearing dates
There have been some changes to the timeline for my ART proceeding. The substantive hearing has been listed for Wednesday 2–Friday 4 September, in person in Melbourne. There is also an online hearing on Friday 29 May to decide the confidentiality orders sought by Service Australia over particular evidence. Read on for full details.
These are open hearings, so members of the public can attend/join. If you are interested, contact the Melbourne registry on 1800 228 333 or melbourne.registry@art.gov.au.
The whole timeline of the case has been pushed back by about 6 weeks. This happened because Services Australia sought additional time to take into account the retirement of the myGov Code Generator app in their evidence and submissions. I have much more to say about that—in another post soon.
Here is the current case timeline:
- 25 May 2026: Services Australia’s Statement of Facts Issues and Contentions (SOFIC) and evidence are due.
- 29 May 2026, 09:00 UTC+10: Interlocutory Hearing by video—confidentiality order application.
- 23 June 2026: My SOFIC and evidence due
- 21 July 2026: Services Australia may file a further written reply by this date.
- 2–4 September 2026, 10:00 UTC+10: The substantive hearing, in person at 15 William Street, Melbourne. The hearing is listed for 3 days, starting at 10:00 each day.
I can also share that Services Australia has briefed Trent Glover SC, a leading administrative law barrister. At this stage I am not intending to brief counsel, due to the financial barriers. I will be vigourously represented at the hearings by my solicitor Jason Bosland from Wise Law.
Services Australia is sparing no expense and adopting an aggresive litigation posture to preserve the status quo of secrecy and denial of public accountability when it comes to government apps. This is “asymmetric lawfare”. If you want to give me a leg up in this fight, my Chuffed campaign is still accepting donations. Every dollar helps, as does spreading the word about this public interest litigation.
Security by obscurity isn’t real. Let’s end it for good, together.
