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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