MR GLEESON: Your Honour, that hypothesis would remove some of the critical planks that I am relying upon, but not all of them. It would remove some of the critical planks because we would no longer have punishment per se, we would no longer have the public order injunction. We would be closer to the area of private law rights.
HEYDON J: What if the individuals who were damaged did not bother about the Commission and just brought their own action? They are still relying on a public order statute.
MR GLEESON: Yes. That again has removed a further plank from our argument and is closer to the area of —
HEYDON J: I just want to see how much we jettison before we start swimming.