Latest / 360 with Katie Woolf / Katie Woolf spoke with Maurice Blackburn Lawyers Special Council Jacinta Lewin

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Katie Woolf spoke with Maurice Blackburn Lawyers Special Council Jacinta Lewin · 360 with Katie Woolf

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  Speaker 1: Mix one O four point nine dot com for all
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  Speaker 1: the latest news and information Now three sixty with Katie Wolf.
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  Speaker 1: Everyone is listening Mix one oh four point nine, one
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  Speaker 1: hundred percent ant.
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  Speaker 2: Now it is being reported that Danilla Dilba are set
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  Speaker 2: to take legal action to overturn the decision to approve
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  Speaker 2: the Dan Murphy's development. And joining me on the line
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  Speaker 2: right now from Morris Blackburn, lawyer's special counsel, Jacinta Lewin.
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  Speaker 2: Good morning, Jacinta, Hi, good morning, Thank you for your
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  Speaker 2: time this morning. Can you talk me through what is happening.
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  Speaker 3: Yes, So, we obviously act on behalf of Danilla Dilba
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  Speaker 3: and they've been asked asked us to help commence legal
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  Speaker 3: proceedings in the Northern Territory Supreme Court to challenge the
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  Speaker 3: decision made by the Director of Director of Liquor Licensing
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  Speaker 3: to approve a Dan Murphy's liquor store.
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  Speaker 2: And so why have they decided to take this action
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  Speaker 2: and go down this path?
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  Speaker 3: Yeah, that's a good question. So that the matter has
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  Speaker 3: a long history is and I'm sure every one will
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  Speaker 3: know it's been through a number of legal processes. But
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  Speaker 3: they've decided to take this action because they want to
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  Speaker 3: ask the court to ensure that the decision that affects
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  Speaker 3: the rights and interests of the community is lawful, and
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  Speaker 3: they're concerned about the impacts of the Dan Murphy's on
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  Speaker 3: alcohol related harm in the communities that they service.
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  Speaker 2: So, Jacinda, can you talk us through what steps will
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  Speaker 2: have to be taken now, you know from your perspective
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  Speaker 2: obviously on this legal action.
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  Speaker 3: Yeah. So obviously it's very early days. The matter has
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  Speaker 3: just been commenced before the Supreme Court and the next
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  Speaker 3: step is that the parties will have an opportunity to
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  Speaker 3: come to the court and talk about the timetabling of
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  Speaker 3: the matter for a hearing before a judge.
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  Speaker 2: And what grounds will the action be taken on? Again,
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  Speaker 2: I mean, you did just touch on it, but what
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  Speaker 2: grounds will it be on?
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  Speaker 3: Yeah, it's a good question, So visit judicial review proceedings.
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  Speaker 3: So it's important to understand that this challenge isn't about
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  Speaker 3: whether the decision is right or wrong. What we're asking
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  Speaker 3: the court to look at is to look at whether
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  Speaker 3: the decision that the Director of Liquor License made was
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  Speaker 3: lawfully valid. So did he consider all the relevant factors,
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  Speaker 3: did he have the power to make the decision? When
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  Speaker 3: he made it, did he look at all the relevant
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  Speaker 3: bits of the evidence and what about.
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  Speaker 2: The fact I don't know whether it would be looked into,
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  Speaker 2: but you know that the legislation had sort of changed
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  Speaker 2: very late in the piece.
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  Speaker 3: Yeah, look, that's a very good question. It is a
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  Speaker 3: background piece to this decision because, as we know, normally
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  Speaker 3: decisions would have gone through a commission process where people
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  Speaker 3: had the chance to be heard and give evidence, and
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  Speaker 3: this process involved the director of the liquor licensing making
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  Speaker 3: the decision. Without that process just seem to how.
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  Speaker 2: Long do you anticipate that this whole process now is
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  Speaker 2: going to take?
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  Speaker 3: Look, the core process itself can range anywhere between six
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  Speaker 3: to twelve months, and that will depend on the court's timetables.
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  Speaker 2: And can it actually delay the project or realistically, you know,
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  Speaker 2: can will Worth still continue on with the project given
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  Speaker 2: the fact that they do have that approval.
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  Speaker 3: So it's not a proceeding to stop the building of anything. Really,
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  Speaker 3: looking at is we're asking the courts to check that
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  Speaker 3: the decision making process and the powers of the director
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  Speaker 3: have been appropriately used.
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  Speaker 2: And so what outcome I suppose is is Danilla Dilber hoping.
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  Speaker 3: For so I think the best outcome would be that
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  Speaker 3: the decision equashed, so that does a decision be set
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  Speaker 3: aside in some way and that a new decision making
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  Speaker 3: process occur that isn't infected with legal error, that allows
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  Speaker 3: the community concerns in relation to alcohol related harm to
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  Speaker 3: be more central in the decision making process.
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  Speaker 2: Now I know Willworts are currently obviously undertaking their consultation
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  Speaker 2: in Darwin. They've got the independent panel review happening. Is
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  Speaker 2: that adequate? So?
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  Speaker 3: Look, the independent panel is a start. It means that
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  Speaker 3: there's better consultation. But what we're really asking for is
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  Speaker 3: independent review of this decision by the Supreme Court. We
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  Speaker 3: want the courts to look at a decision by a
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  Speaker 3: director by an anti government official to see if it's valid.
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  Speaker 1: Well, I'll tell you what.
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  Speaker 2: It's another chapter, I guess to this story. It's been
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  Speaker 2: a long time in the making, there's no doubt about it.
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  Speaker 2: We really appreciate your time this morning.
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  Speaker 3: Jacinta, Oh, thanks very much, Katie, thanks for having me.
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  Speaker 2: Thank you. That's Jacinta Lewin there, who is from Morris Blackburn,
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  Speaker 2: lawyer's special counsel who's going to be representing Danilla Dilber
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  Speaker 2: and as you've heard they are obviously set to take
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  Speaker 2: that legal action to overturn the decision to approve the
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  Speaker 2: Dan Murphy's development. As I understand it, that has now
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  Speaker 2: well it's going to go. I believe it will go
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  Speaker 2: before the Supreme Court, the Darwin Supreme Court. So it's
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  Speaker 2: been launched in the Darwin Supreme Court. Like I said,
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  Speaker 2: it's certainly another chapter to add to what has been
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  Speaker 2: a long saga. There's no doubt about it. I know
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  Speaker 2: that a lot of our listeners really want to see
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  Speaker 2: Dan Murphy's move forward and go ahead, but there is
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  Speaker 2: still definitely from what we've heard there there is definitely
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  Speaker 2: still concerns from various groups including Danilla Dilba. Now for
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  Speaker 2: those who I don't know who Danila Dilbar are, they
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  Speaker 2: are indeed the Health Service, the Indigenous Health Service, and
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  Speaker 2: theyve as you've heard, launched that legal action in the
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  Speaker 2: Darwin Supreme Court. It's against both the director and also
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  Speaker 2: the Woolworths Group. So we'll be keeping a very close
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  Speaker 2: eye on that