Home Australia Elon Musk asks one of Australia’s top lawyers to represent him in battle against eSafety Commissioner

Elon Musk asks one of Australia’s top lawyers to represent him in battle against eSafety Commissioner

by Elijah
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Elon Musk (pictured) approached Sydney, South Carolina, silk boss Bret Walker to represent X in the courtroom as the platform battles Australia's eSafety Commissioner.

Elon Musk has asked one of Australia’s top lawyers to represent his social media platform X as it fights to keep footage of a Sydney church stabbing online.

X is embroiled in a legal battle with the Australian eSafety Commissioner, who has demanded that videos of the stabbing at the Church of the Good Shepherd in Wakeley be removed from his platform.

The tech billionaire has since approached Sydney-based Bret Walker, SC, to represent X, formerly Twitter, in the courtroom against Australian regulators.

Bishop Mar Mari Emmanuel was giving a sermon, which was also shared on the church’s livestream, on April 15 when a 16-year-old boy approached the altar and allegedly stabbed him repeatedly.

Footage immediately circulated showing the teenager approaching the bishop and allegedly stabbing him six times.

Elon Musk (pictured) approached Sydney, South Carolina, silk boss Bret Walker to represent X in the courtroom as the platform battles Australia’s eSafety Commissioner.

The federal court ordered the social media giant to prevent all users from viewing images related to the alleged terrorist attack.

X’s lawyers challenged the notice to remove videos of the attack at a case management hearing on Wednesday.

Melbourne lawyer Marcus Hoyne said X would present an affidavit from Bishop Emmanuel, who said he “strongly believed the material should be made available”.

Hoyne said the case was “beyond his pay grade” and explained that X had approached Walker to represent the platform.

Walker is the son of an Anglican minister from Sydney’s inner west and was captain and dux of King’s School in Parramatta, where he was taught English by broadcaster Alan Jones.

He was admitted to the bar in 1979, appointed senior advocate in 1993 and is a past president of the New South Wales Bar. His second wife is fellow lawyer Sarah Pritchard SC.

Walker, known as one of Australia’s top lawyers, has appeared for motorcyclists, politicians and sports stars in headline-grabbing legal battles.

The cases carry potentially high-risk consequences, commensurate with their estimated fees of $25,000 a day.

As a lawyer, Mr. Walker is known for his meticulous preparation and as a brilliant strategist rather than his theatrical performances or flashy courtroom antics.

Walker has been described as “the go-to guy for people with money and big companies.”

Walker (left) is known as one of Australia's top lawyers and has appeared before motorcyclists, politicians and sports stars in headline-grabbing legal battles.

Walker (left) is known as one of Australia’s top lawyers and has appeared before motorcyclists, politicians and sports stars in headline-grabbing legal battles.

His most notable high-profile appearances include Ben Roberts-Smith’s defamation appeal, former New South Wales Premier Gladys Berejiklian’s appeal against ICAC and Cardinal George Pell’s appeal against child sexual assault charges. .

He also represented former Prime Minister Kevin Rudd at the Royal Commission into the Home Insulation Program and saved Nationals leader Barnaby Joyce when dual citizenship claims threatened his political career.

Walker helped the Finks outlaw motorcycle gang challenge the validity of South Australia’s anti-motorcycle laws and tried to prevent the founder of the Tasmanian rebel chapter from being deported.

He also acted on behalf of tobacco companies in their unsuccessful fight against plain cigarette packets and oversaw a Special Commission of Inquiry in 2020 after at least 900 people on the Ruby Princess cruise ship became infected with Covid-19.

Walker produced a report on the poor performance of Australia’s swimming team after it won just one gold at the 2012 London Olympics, the country’s lowest figure in 20 years.

X is embroiled in a legal battle with the Australian eSafety Commissioner, who has demanded that videos of the alleged stabbing at the Church of the Good Shepherd in Wakeley be removed from his platform.

X is embroiled in a legal battle with the Australian eSafety Commissioner, who has demanded that videos of the alleged stabbing at the Church of the Good Shepherd in Wakeley be removed from his platform.

He also secured an acquittal for rugby league player Greg Bird in the New South Wales District Court after a magistrate jailed the former State of Origin regular for allegedly glassing his then-girlfriend Katie Milligan.

Walker is understood to be interested in taking on the case but will make a decision before a hearing on May 10.

During Wednesday’s case management hearing, Hoyne said his client would submit substantial material challenging the orders and “exorbitant jurisdiction” claimed by the online safety watchdog.

Blocking clips of the alleged stabbing of Bishop Emmanuel from Australian web users, through a process called geo-blocking, was enough, X argued.

Granting the order would affect international users “in circumstances where it has no impact in Australia”, Hoyne said.

Elon Musk's legal team detailed an affidavit from Bishop Emmanuel (pictured) that claims the Christian leader gives his permission for content to be shared and remain online.

Elon Musk’s legal team detailed an affidavit from Bishop Emmanuel (pictured) that claims the Christian leader gives his permission for content to be shared and remain online.

Representing the eSafety Commissioner in court on Wednesday, lawyer Christopher Tran said there was evidence that X had failed to comply with an interim order made by the court on Monday.

“Your Honor’s order has not been carried out,” he told Judge Geoffrey Kennett.

The judge expanded the takedown order, in which clips of the alleged attack would be hidden behind a legal notice to all global users.

The order will be in effect until an interlocutory hearing set for May 10, when X will be able to challenge the bans.

“We do not accept any injunctive relief,” Mr. Hoyne said.

Failure to comply with the court’s decision to eliminate positions could result in X being fined nearly $800,000 a day and the executives being charged with contempt of court.

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