Case No. M1/2024: u/model-s007 v u/Model-Jordology

Presiding Justices: u/nmtts-; u/advancedgaming12, u/sir_neatington

In light of the circumstances that have occurred since the filing of the application, giving notice to the respondent, and the official commencement of these proceedings, I am ordering questions on the following:

Questions Presented

1. Whether there was defamatory statements or imputations regarding the applicant, made by the respondent at first instance.
2. Whether there is a valid out-of-court agreement in relation to the withdrawal of this case, in exchange of an apology.
3. Whether the terms of such an agreement, if any, were met or breached.

Orders (updated 16 September 2024)

1. u/model-s007, TAKE NOTICE. You are to file a Form 2 in relation to the case in its entirety, addressing Questions 2 and 3. Form is to be filed by Wednesday, 5pm 25th September 2024.
2. u/Model-Jordology, TAKE NOTICE. You are to file a Form 3 that addresses the Originating Application and Statement of Claim filed by the Applicant on 12 September 2024. You may also file a Form 2 in relation to the case in its entirety which also addresses Questions 2 and 3. Both forms are to be filed by Wednesday, 5pm 25th September 2024.

You may find the relevant Forms here.

Preliminary

Moving forward from the 16th of September 2024, all filings before the High Court of AustraliaSim must be filed using the forms attached below which are available on google documents. Instructions tailored to the utility of each form are attached to the forms themselves and you should refer to them when filling in your form. We (the Bench) will tell you what to file and by when.

Instructions Upon Completion

Once you have completed filling in your form, you should navigate to the respective thread which serves as the 'base' of the proceedings. It is the same thread that you would have found your case number in. When you have navigated to that page, attach the form as a hyperlink and notify the respective judges presiding over your case, and the parties associated. You must do so immediately upon filing.

Forms 2024 (updated 16 September 2024)

Form 1 — Applicant’s Submissions

Form 2 — Applicant's / Respondent's Chronology

Form 3 — Respondent’s Submissions

Form 3A — Notice of Countersuit (you also use this for crossappeals where necessary)

Form 4 — Applicant's Reply

Form 5 — Notice of Discontinuance

Form 6 — Application for a Constitutional Writ (or Other)

Form 7 — Response to an Application for a Constitutional Writ (or Other)

Affidavit

Question

Whether the NT Times committed defamation against BellmanTGM with its Twitter statements, Petioner's petition may be found here

Next Steps

The Court has agreed to admit the case, and thus what will now happen, is both parties will have a chance to present the case before the Court through a written submission on or before 5 August 2023. Extensions for deadlines can be requested and will be granted on a case-by-case basis.

Up to one rebuttal submission is permissible per party up to 5 August 2023, Extensions may be requested.

Any those who are interested to intervene in this case, as a third party, in favor, against, or taking a neutral position, may submit their Submissions to the Court on or before 5 August 2023. We look forward to getting more briefs in. All of these briefs must be modmailed to this subreddit or via discord PMs to Lucifer(.lucifermorningstar).

After this stage, the Court will have a hearing from 6 August 2023 to 10 August 2023, where both parties will have a chance to ask questions, respond to questions posed by the other side and the Justices of the Court, and debate submissions.

Notes

Under a new scheme trialed by us, to bring about more participation in the Courts, we will not be asking for any form of formatting to be abided by when briefs are made. The only restriction is that you use Times New Roman, and font size 10.

Further, the High Court Rules of 2021, nor the forms will be applied in this case. We're basically trying to see how this simplified Court would work, so do participate! DM me if you need any help with the Submissions or if you have any questions otherwise.

Order, Order!

The Chief Justice, Justice NeatSaucer presiding.

Question

Whether the Australian Education Amendment (Education Reform) Bill 2022, is legal, under the Constitution of the Commonwealth of Australia?

Submissions Presented

The Petitioner's Initial Submission can be found here.

The Commonwealth's (Government) Submission can be found here.

The Court has received no other submissions, and no amicus curiae requests on this case.

The Hearing

The Court, shall now proceed towards Hearings. In this Hearing Session, the Petitioner (Griffonomics) and the Respondent (Attorney-General or anyone nominated by them) shall be entitled to respond and propose questions.

Other Members of the Public, including Members of Parliament, Senators, and non-office holders, and meta officials are allowed to propose questions and make additional commentary on the case present before the Corut through comments.

We highly encourage everyone to make contributions as it is a good avenue to start a new journey plus you don't need to be legalistic or law wanker here, just put your views. It is also a good avenue to score modifiers for your Party.

Please DM me (Pav#1147) on Discord if you have any queries. This Hearing shall end on the 30th August, 23.59 AEST.

Notes

1. The High Court Rules of 2021, nor do the forms will be applied in this case. We're basically trying to see, how this simplified Court would work, so do participate! DM me if you need any help with the Submissions or if you have any questions otherwise.

2. Extreme apologies for delay in posting. Had continuous travel plus some irl issues to handle and thus couldn't put this sooner! I promise to get the judgement out ASAP after the hearings are over.

Official Announcement

Question

Whether the Australian Education Amendment (Education Reform) Bill 2022, is legal, under the Constitution of the Commonwealth of Australia?

Explanation for Laypeople and Press Summary

The Constitution of the Commonwealth of Australia, currently suggests the following at Section 116 of the Constitution of AustraliaSim.

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

The Parliament passed the Australian Education Amendment (Education Reform) Bill 2022, redefining funding for schools, and changes the definition of schools eligible for such funding, "participating schools" according to the Act. It also introduces a formula methodology for funding schools by the Commonwealth Government.

The Petitioner contests that, the subject matter on the removal of funding for non-governmental religiously funded school bodies, violates Section 116 of the Constitution of the Commonwealth of Australia and other case law, prohibiting establishment of or practice of free religion and therefore, the Bill must be declared ultra vires or unconstituitional. Find Petitioner's Brief here.

Next Steps

The Court, has agreed to admit the case, and thus, what would now happen, is that the Commonwealth of Australia, i.e. the Government, will have a chance to present the case, before the Court, through a written submission up until 09 August 2022. Extensions for deadlines can be requested, and will be granted on a case by case basis.

Any those who are interested to intervene in this case, as a third party, in favour, against or taking a neutral position, may submit their Submissions to the Court before 9 August 2022. We look forward to getting more briefs in. All of these briefs must be modmailed to this subreddit and via discord PMs to Pav#1147.

After this stage, the Court will have a hearing from 10 August 2022 till the 20 August 2022, where both parties, will have a chance to ask questions, respond to questions posed by the other side and the Justices of the Court, and debate submissions. All submissions are to be modmailed to r/AustraliaSimHighCourt, to be considered as a part of this case, before the stipulated deadlines.

Notes

Under a new scheme trialled by us, to bring about more participation in the Courts, we will not be asking for any form of formatting to be abided to, when briefs are made. Only restriction is that use Times New Roman, and font size 10.

Further, the High Court Rules of 2021, nor do the forms will be applied in this case. We're basically trying to see, how this simplified Court would work, so do participate! DM me if you need any help with the Submissions or if you have any questions otherwise.

The court is now in session

Accused

• /u/model-frod, the member for Nicholls
• /u/TheTrashMan_10, the member for Melbourne
• /u/GHagrid, the member for Denison

General Reason for Referral

Breaching the Regulations laid out in Pages 7 to 9 of the AustraliaSim Standing Orders as identified in House Activity Check 19.03 held for the period from 8 March 2021 to 22 March 2021

Specific Reasons

/u/model-frod, the member for Nicholls breached Requirement 1 to debate once per 14 days

/u/TheTrashMan_10, the member for Melbourne, breached Requirement 1 to debate once per 14 days

/u/GHagrid, the member for Denison, breached Requirement 1 to debate once per 14 days, Requirement 2 not to miss 10 or more votes in a row, and Requirement 3 to vote in at least 25% of the votes

Submissions

The accused, the Attorney General and the Chair(s) who made the referral may make submissions. They should either attempt to disprove the referral by fact (e.g. showing the MP or Senator debated) or show there were "exceptional circumstances". Submissions are expected within 48 hours.

Determination

If the Judiciary finds the referred MP or Senator is in breach, the Judiciary must issue a warning to the elected representative to meet the activity requirements.

If the Judiciary again, after another referral, find the referred MP or Senator is in breach, the Judiciary must expel the parliamentarian.

The Parliamentary Moderator may choose to not warn or expel the parliamentarian if there are exceptional circumstances which prevented the parliamentarian from voting or debating which:

• Prevented the parliamentarian from voting or debating;

• Prevented the parliamentarian from being active in a Meta and Canon, except to make it known they were unable to vote and debate; and

• Were out of the control of the parliamentarian; and

• Were circumstances which were not foreseeable, such as an accident, a medical condition, a natural disaster, a long-term internet outage or a loss of accommodation.

Official Announcement

Question

Whether the Electoral Amendment (Indigenous Senators) Act 2021, is legal, under the Constitution of the Commonwealth of Australia?

Explanation for Laypeople and Press Summary

The Constitution of the Commonwealth of Australia, currently suggests the following on the composition of the Senate.

The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.

[...]

Until the Parliament otherwise provides there shall be one senator for each Original State. The Parliament may make laws increasing or diminishing the number of senators for each State, but so, as nearly as practicable, that equal representation of the several Original States shall be maintained and that no Original State shall have less than one senator.

The Parliament passed the Electoral Amendment (Indigenous Senators) Act 2021, creating for an electorate by the title of "Indigenous Senators", providing the Indigenous Peoples, a right to vote in this specially created electorate.

The Petitioner contests that, the subject matter on the creation of an Indigenous Roll, does not come under the list of subjects, under Section 51 of the Constitution of the Commonwealth of Australia, and therefore, it should have been a Constitutional Amendment, ratified through a referendum, after the completion of the legislative process, and not a regular Bill, passed by the Parliament of the Commonwealth, and be implemented with the President's Assent. Find Petitioner's Brief here.

Next Steps

The Court, has agreed to admit the case, and thus, what would now happen, is that the Commonwealth of Australia, i.e. the Government, will have a chance to present the case, before the Court, through a written submission up until 23 December 2021. Extensions for deadlines can be requested, and will be granted on a case by case basis.

Further, the Court will have a hearing from now till the 30 December 2021, where both parties, will have a chance to ask questions, respond to questions posed by the other side and the Justices of the Court, and debate submissions. All submissions are to be modmailed to r/AustraliaSimHighCourt, to be considered as a part of this case, before the stipulated deadlines.

Any those who are interested to intervene in this case, as a third party, in favour, against or taking a neutral position, may submit their Submissions to the Court before 20 December 2021. We look forward to getting more briefs in. Questioning and Responding in this thread shall be restricted to Justices, Petitioners, Respondents and Interveners alone.

Notes

Under a new scheme trialled by us, to bring about more participation in the Courts, we will not be asking for any form of formatting to be abided to, when briefs are made. Only restriction is that use Times New Roman, and font size 10.

Further, the High Court Rules of 2021, nor do the forms will be applied in this case. We're basically trying to see, how this simplified Court would work, so do participate! DM me if you need any help with the Submissions or if you have any questions otherwise.

Order, Order!

The Court is now in session, with the Chief Justice /u/NeatSaucer presiding. Also present are Justices /u/WalterEsq and /u/Perekai (Controlling the following NPCs Susan Mary Kiefel AC QC, Stephen John Gageler AC SC, Patrick Anthony Keane AC QC and Michelle Marjorie Gordon AC SC)

Re: model-putrid v. Commonwealth Times

• /u/model-putrid has applied to the Court for leave to be granted for a case against the Commonwealth Times (represented by /u/buttsforpm), whose application for a writ can be found here.
• Upon due deliberation with the members of this Court, with unanimous consent, it has been decided that there will in fact be a hearing, as it has been found that there is enough of a question of law here to warrant our attention to the matter at hand. Therefore, the case will be considered.
• The present thread shall serve as a hearing as well, where we encourage both parties and the Justices to do their questioning in the comments however all of you must ping the party from whom you want a response. The Court might request for further evidence which we hope parties will provide us upon request.
• The Parties may provide, and we highly recommend that Parties provide further submissions as a part of their in-hearing submissions. The in-hearing submissions must be provided by 48 hours of the case being put unless an extension has been requested. Without an in-hearing consideration, the Court will not get a chance to hear your views in detail to make further sense.

Order, Order!

The Court is now in session, with the Hon. Justice. /u/NeatSaucer presiding. Also presiding are Chief Justice /u/BloodyChrome, Justice /u/Winston_Wilhelmus and Justice /u/ThanksHeadMod.

Accused:

• /u/ARichTeaBiscuit, Member for Capricornia
• /u/Entrapta12, Member for Canberra
• /u/tbyrn21, Member for Moncrieff
• /u/Carter_Weinklause, Senator for Northern Territory
• /u/blueknight2004, Senator for Southern Australia

General Charges:

• Breaching the Regulations laid out in Pages 7 to 9 of the AustraliaSim Standing Orders as identified in House Activity Check 20.02, House Activity Check 20.03, and Senate Activity Check 20.03 held for the periods from 7 June 2021 to 5 July 2021.

Specific Charges

• /u/ARichTeaBiscuit - Breached Requirement 1 on Debating once per 14 days
• /u/blueknight2004 - Breached Requirement 1 on Debating once per 14 days
• /u/Entrapta12 - Breached Requirement 1 on Debating once per 14 days and Requirement 3 on voting for minimum of 25% of all open votes.
• /u/Carter_Weinklause - Breached Requirement 2 on not miss 10 or more votes in a row
• /u/tbyrn21 - Breached Requirement 1 on Debating once per 14 days, Requirement 2 on not miss 10 or more votes in a row and Requirement 3 on voting for minimum of 25% of all open votes.

Determination:

• If the Judiciary finds the referred MP or Senator is in breach, the Judiciary must issue a warning to the elected representative to meet the activity requirements.
• If the Judiciary again, after another referral, find the referred MP or Senator is in breach, the Judiciary must expel the parliamentarian.
• The Judiciary may choose to not warn or expel the parliamentarian if there are exceptional circumstances which prevented the parliamentarian from voting or debating which:
  1. Prevented the parliamentarian from voting or debating;
  2. Prevented the parliamentarian from being active in a Meta and Canon, except to make it known they were unable to vote and debate; and
  3. Were out of the control of the parliamentarian; and
  4. Were circumstances which were not foreseeable, such as an accident, a medical condition, a natural disaster, a long-term internet outage or a loss of accommodation.

Submissions:

• The accused, the Attorney General and the Chair(s) who made the referral may make submissions. They should either attempt to disprove the referral by fact (showing the MP or Senator debated) or show there were "exceptional circumstances". Submissions are expected within 48 hours.

Order, Order!

The Court is now in session, with the Hon. Justice. /u/NeatSaucer presiding. Also presiding are Chief Justice /u/BloodyChrome, Justice /u/ThanksHeadMod and Justice /u/Winston_Wilhelmus.

Accused:

• /u/12MaxWild, Senator for Australian Capital Territory

General Charges:

• Breaching the Regulations laid out in Pages 7 to 9 of the AustraliaSim Standing Orders as identified in Senate Activity Check 20.01 held for the period from 20 May 2021 to 03 June 2021.

Specific Charges

• /u/12MaxWild - Breached Requirement 1 on Debating once per 14 days

Determination:

• If the Judiciary finds the referred MP or Senator is in breach, the Judiciary must issue a warning to the elected representative to meet the activity requirements.
• If the Judiciary again, after another referral, find the referred MP or Senator is in breach, the Judiciary must expel the parliamentarian.
• The Judiciary may choose to not warn or expel the parliamentarian if there are exceptional circumstances which prevented the parliamentarian from voting or debating which:
  1. Prevented the parliamentarian from voting or debating;
  2. Prevented the parliamentarian from being active in a Meta and Canon, except to make it known they were unable to vote and debate; and
  3. Were out of the control of the parliamentarian; and
  4. Were circumstances which were not foreseeable, such as an accident, a medical condition, a natural disaster, a long-term internet outage or a loss of accommodation.

Submissions:

• The accused, the Attorney General and the Chair(s) who made the referral may make submissions. They should either attempt to disprove the referral by fact (showing the MP or Senator debated) or show there were "exceptional circumstances". Submissions are expected within 48 hours.

Order, Order!

The Court is now in session, with the Hon. Justice. /u/NeatSaucer presiding. Also presiding are Chief Justice /u/BloodyChrome, and Justice /u/Winston_Wilhelmus.

Accused:

• /u/buttsforpm, Senator for Northern Territory
• /u/CardboardGradient, Senator for Western Australia
• /u/Mad_Bear_O_Melbourne, Senator for Victoria

General Charges:

• Breaching the Regulations laid out in Pages 7 to 9 of the AustraliaSim Standing Orders as identified in Senate Activity Check 19.03 held for the period from 8 March 2021 to 22 March 2021.

Specific Charges

• /u/Mad_Bear_O_Melbourne - Breached Requirement 1 on Debating once per 14 days
• /u/buttsforpm - Breached Requirement 1 on Debating once per 14 days
• /u/CardboardGradient - Breached Requirement 1 on Debating once per 14 days, Requirement 2 on not miss 10 or more votes in a row and Requirement 3 of voting in atleast 25% of the questions put.

Determination:

• If the Judiciary finds the referred MP or Senator is in breach, the Judiciary must issue a warning to the elected representative to meet the activity requirements.
• If the Judiciary again, after another referral, find the referred MP or Senator is in breach, the Judiciary must expel the parliamentarian.
• The Judiciary may choose to not warn or expel the parliamentarian if there are exceptional circumstances which prevented the parliamentarian from voting or debating which:
  1. Prevented the parliamentarian from voting or debating;
  2. Prevented the parliamentarian from being active in a Meta and Canon, except to make it known they were unable to vote and debate; and
  3. Were out of the control of the parliamentarian; and
  4. Were circumstances which were not foreseeable, such as an accident, a medical condition, a natural disaster, a long-term internet outage or a loss of accommodation.

Submissions:

• The accused, the Attorney General and the Chair(s) who made the referral may make submissions. They should either attempt to disprove the referral by fact (showing the MP or Senator debated) or show there were "exceptional circumstances". Submissions are expected within 48 hours.

Order, Order!

The Court is now in session, with the Hon. Justice. /u/NeatSaucer presiding. Also presiding are Chief Justice /u/BloodyChrome, Justice /u/Winston_Wilhelmus and Justice /u/Jayden_Williamson.

Accused:

• /u/TheTrashMan_10, Member for Melbourne
• /u/arles2464, Member for Sydney
• /u/stranger195, Member for Cunningham
• /u/ThanksHeadMod, Member for Lingiari
• /u/cool_santa, Member for Mayo

General Charges:

• Breaching the Regulations laid out in Pages 7 to 9 of the AustraliaSim Standing Orders as identified in House Activity Check 19.03 held for the period from 8 March 2021 to 22 March 2021.

Specific Charges

• /u/TheTrashMan_10 - Breached Requirement 1 on Debating once per 14 days
• /u/Stranger195 - Breached Requirement 1 on Debating once per 14 days
• /u/arles2464 - Breached Requirement 1 on Debating once per 14 days and Requirement 2 on not miss 10 or more votes in a row.
• /u/cool_santa - Breached Requirement 2 on not miss 10 or more votes in a row
• /u/ThanksHeadMod - Breached Requirement 2 on not miss 10 or more votes in a row

Determination:

• If the Judiciary finds the referred MP or Senator is in breach, the Judiciary must issue a warning to the elected representative to meet the activity requirements.
• If the Judiciary again, after another referral, find the referred MP or Senator is in breach, the Judiciary must expel the parliamentarian.
• The Judiciary may choose to not warn or expel the parliamentarian if there are exceptional circumstances which prevented the parliamentarian from voting or debating which:
  1. Prevented the parliamentarian from voting or debating;
  2. Prevented the parliamentarian from being active in a Meta and Canon, except to make it known they were unable to vote and debate; and
  3. Were out of the control of the parliamentarian; and
  4. Were circumstances which were not foreseeable, such as an accident, a medical condition, a natural disaster, a long-term internet outage or a loss of accommodation.

Submissions:

• The accused, the Attorney General and the Chair(s) who made the referral may make submissions. They should either attempt to disprove the referral by fact (showing the MP or Senator debated) or show there were "exceptional circumstances". Submissions are expected within 48 hours.

It has been an honour to serve as a Justice of the High Court; however, I can no longer execute the duties of Justice and subsequently announce my resignation effective immediately. The High Court will probably not see the last of me, with my intention to take on the position of Justice again in the near future.

Order, Order!

The Court is now in session, with the Hon. Justice. /u/NeatSaucer presiding. Also presiding are Chief Justice /u/BloodyChrome, Justice /u/Riley853, Justice /u/Winston_Wilhelmus and Justice /u/Jayden_Williamson.

Accused:

• /u/Mad_Bear_O_Melbourne, Senator for Victoria
• /u/CardboardGradient, Senator for Western Australia

General Charges:

• Breaching the Regulations laid out in Pages 7 to 9 of the AustraliaSim Standing Orders as identified in Senate Activity Check 19.02 held for the period from 22 February 2021 to 8 March 2021

Specific Charges

• /u/Mad_Bear_O_Melbourne - Breached Requirement 1 on Debating once per 14 days
• /u/CardboardGradient - Breached Requirement 2 on not miss 10 or more votes in a row

Determination:

• If the Judiciary finds the referred MP or Senator is in breach, the Judiciary must issue a warning to the elected representative to meet the activity requirements.
• If the Judiciary again, after another referral, find the referred MP or Senator is in breach, the Judiciary must expel the parliamentarian.
• The Judiciary may choose to not warn or expel the parliamentarian if there are exceptional circumstances which prevented the parliamentarian from voting or debating which:
  1. Prevented the parliamentarian from voting or debating;
  2. Prevented the parliamentarian from being active in a Meta and Canon, except to make it known they were unable to vote and debate; and
  3. Were out of the control of the parliamentarian; and
  4. Were circumstances which were not foreseeable, such as an accident, a medical condition, a natural disaster, a long-term internet outage or a loss of accommodation.

Submissions:

• The accused, the Attorney General and the Chair(s) who made the referral may make submissions. They should either attempt to disprove the referral by fact (showing the MP or Senator debated) or show there were "exceptional circumstances". Submissions are expected within 48 hours.

Order, Order!

The Court is now in session, with the Hon. Justice. /u/NeatSaucer presiding. Also presiding are Chief Justice /u/BloodyChrome, Justice /u/Riley853, Justice /u/Winston_Wilhelmus and Justice /u/Jayden_Williamson.

Accused:

• /u/TheTrashMan_10, Member for Melbourne
• /u/arles2464, Member for Sydney
• /u/RMSteve, Member for Capricornia

General Charges:

• Breaching the Regulations laid out in Pages 7 to 9 of the AustraliaSim Standing Orders as identified in House Activity Check 19.02 held for the period from 22 February 2021 to 8 March 2021

Specific Charges

• /u/TheTrashMan_10 - Breached Requirement 1 on Debating once per 14 days and Requirement 3 of voting atleast on 25% of the votes every 14 days
• /u/arles2464 - Breached Requirement 2 on not miss 10 or more votes in a row and Requirement 3 on voting at least on 25% of votes every 14 days.
• /u/RMSteve - Breached Requirement 2 on not miss 10 or more votes in a row

Determination:

• If the Judiciary finds the referred MP or Senator is in breach, the Judiciary must issue a warning to the elected representative to meet the activity requirements.
• If the Judiciary again, after another referral, find the referred MP or Senator is in breach, the Judiciary must expel the parliamentarian.
• The Judiciary may choose to not warn or expel the parliamentarian if there are exceptional circumstances which prevented the parliamentarian from voting or debating which:
  1. Prevented the parliamentarian from voting or debating;
  2. Prevented the parliamentarian from being active in a Meta and Canon, except to make it known they were unable to vote and debate; and
  3. Were out of the control of the parliamentarian; and
  4. Were circumstances which were not foreseeable, such as an accident, a medical condition, a natural disaster, a long-term internet outage or a loss of accommodation.

Submissions:

• The accused, the Attorney General and the Chair(s) who made the referral may make submissions. They should either attempt to disprove the referral by fact (showing the MP or Senator debated) or show there were "exceptional circumstances". Submissions are expected within 48 hours.