It turns out Gordon’s barrister Bret Walker SC and Atanaskovic’s representative Shane Doyle QC are very busy men. Atanaskovic Hartnell applied to shift the date of the appeal because its senior counsel, the Brisbane-based Doyle was no longer available. Turns out he had flown to Britain late last year and was unable to return to Oz in time. The corona, you see.
Additionally, Doyle expressed reluctance to fly back until he had received a COVID vaccination. So Atanaskovic Hartnell asked to change the date of the three-day hearing. But if only things were that easy. Gordon’s senior counsel Walker – who is representing Birketu – only has “very limited availability” to commit to three full days “at any later date this year”. Some of Walker’s recent professional engagements include his stint last year as the commissioner of the special inquiry into the Ruby Princess’ arrival in Sydney. And he successfully acted in Cardinal George Pell’s successful High Court appeal. Clearly the type of work that puts one in demand.
Why not pivot to Zoom? Doyle had ruled out representing his clients via videolink from Britain, explaining that with three sessions scheduled in the dead of the British night, he feared he couldn’t “safely” do justice to the appeal.
Justice Fabian Gleeson, who dismissed Atanaskovic Hartnell’s motion, clearly wasn’t too sympathetic.
″I accept that Mr Doyle genuinely holds such belief. That however is not a compelling reason to grant an adjournment.”