Djokovic, the sentence in the night. The defense thesis: “Jurisdictional errors”

Barring further postponements, Nole will know in a few hours if she has to leave Australia. Here is the defensive thesis that could allow the # 1 to play the Grand Slam

The end of the telenovela is expected at dawn, at 5 am in the Italian morning tomorrow, Monday 10 December. It will be three in the afternoon in Australia and Nole Djokovic will finally know if he will have to make the return trip to Serbia or if he will have to start warming up to play the Australian Open, the first Grand Slam of the season starting on 17 January.

La “Division 2” della “Federal circuit and family court of Australia” di Melbourne has officially published the appearance times of the Serbian tennis player: technically, the process called to decide on his stay on Australian soil will begin at midnight in Italy (10 am in Melbourne). The Serb’s lawyers have therefore made public the tennis player’s defense in which they officially claim all the documents and approvals obtained in recent weeks: according to their point of view, they would give Nole the opportunity to stay in the country and, therefore, to to play. Here, then, is in detail the defensive line of the Serbian entourage.

The defensive thesis

Nole arrived in Australia before midnight on January 5th, but as early as November 18th 2021 he would be granted a temporary visa, with which he would be allowed to travel, enter and stay in Australia. According to what we read in the defensive document, this visa would already not have been subject to any conditions and would have been independent of the tennis player’s vaccination status. Then, as is now known, the facts get complicated: on December 30, 2021 Djokovic would have received a letter from the Official Medical Director of Tennis Australia with the now famous “medical exemption” from vaccination, granted for having passed the covid recently. The date of his first positive test was recorded on December 16, 2021, theoretically six days after the deadline. Leaving aside his public participation in some events at home after that date, after 14 days Djokovic, as requested, would actually have neither fever nor respiratory symptoms for the necessary 72 hours of ritual.

The request

As Nole’s lawyers explain in the document, this controversial decision would have been taken by a committee of independent experts, chosen by Tennis Australia, and belonging to the state of Victoria: it would have been consistent with the recommendations of the body in charge, the Australian Technical Advisory Group on Immunization. In addition to these permits, on 1 January Novak Djokovic would also receive a further document from the Department of the Interior which recognized the requirements for an un-quarantined arrival in Australia. The lawyers then complain that the visa was canceled at the airport after Djokovic spent around 8 hours largely unable to communicate with the outside world. In short, according to Novak’s line of defense, “the alleged decision would have been vitiated by a series of jurisdictional errors” by the Australian authorities themselves: hence the request to cancel everything and allow him to play.

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Djokovic, the sentence in the night. The defense thesis: “Jurisdictional errors”

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