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(generated from captions) High Court decision leaves the Anger and uncertainty

Government's asylum seeker

policy up in the air. There are

terrible consequences both for

the taxpayer, both por for the

integry TV of our system. It

not as if it opens up

necessarily the options for

court shopping. This Program is Captioned

Live. Medical crisis on the

Defence Force strugglings with front-line - the Australian

a shortage of doctors. 20 dead in Karachi after militant s target Pakistan's anti-terrorism headquarters. And a trio of

Australians lead the charge

heading into day two of the

Melbourne Masters. Good morning, it's Friday, 12 November, I'm Michael Rowland And I'm Virginia

Trioli. The top story - the Federal Government is

scrambling to deal with the consequence of a High Court decision that strikes at the heart of its asylum seeker heart of

policy. Now the ruling handed

down yesterday means asylum

seekers held offshore will now

get access to Australian court. hundreds of appeals and

gridlock for a system already

struggling to cope. The

Opposition says it's a terrible

judgment for the mim graetion Minister assists appeals will Minister

be limited. This is a right of

appeal under limited

circumstances. Again, the preliminary advice to me today

- and it is preliminary - is

that those appeals will go

straight to the High Court, not

through if you like the through if you like the Federal

Federal Federal Court to but will be the relevant

jurisdiction and they could be

appealed in some cases to the

full bench. But it's not as if

it opens up necessarily Olympic Gameses for court

shopping. There are terrible

consequences both for the

taxpayer, both for the

integrity of our system le.'S not forget that this judgment

individuals were bonafidy didn't say that these

refugees. Bonafide y refugees

don't end up appealing

disitionz because they get yes yes. What we don't want is a return to the bad old days when people game the system,

they come to seek to make

appeals endlessly in order to

Australia. Sad to say, as a protract their stay in

result thof judgment and without any genuine action

taken by Chris Bowen, that what is going to happen. Scott taken by Chris Bowen, that is

Morrison there. For more

Melissa Clarke joins us now

from Canberra. - the

consequences that we talk about today actually go back to potentially

potentially 2001, or 2008, depending on how on it. That's right and depending

on who you ask. It's still not

entirely clear at this point because everyone is still

absorbing precisely what the implications are here. What the Minister, Chris Bowen, is

saying that he is there's about

150 people that have directly

people who are still in affected, thaez tha these are

Australia who have been

rejected at the two review

stages under the offshore

processing system. So they could directly use this new

channel that's been opened up

by the High Court to appeal if

there's on a issue in terms of

procedural fairness they want

to try to use to have their to try to use

case looked at again. But

there's about another thousand

people he says who have been

rejected at the first stage and

haven't finished going through

the second stage of independent

review and if they are rejected

at the second stage they could

There seems to also fall into this category.

that people who have already

been deported it is unlikely

they could find an avenue back

to Australia and appeal. This

but for the number of people in but for the number of people

the system who this could ffect the numbers would be large

indeed. And the Opposition is

suggesting it cowl become a

who would pay puggers.? The draw to Australia for people

Opposition says - people smugglers? The Opposition says this reinforces having a detention centre set

in Nauru, that had clearly outlined in black bet ever let

- black letter law the processes people through when they were taken from Australian offshore from Australian offshore areas

and to Nauru and the process of

review and appeal was set out

in law. When the Federal Government changed honourable

member of its processes in 2008

by having a different way of

processing these things, in

offshore areas, that that is

if they just where the falldown has been and

that would solve the problem.

Not surprisingly the Government doesn't agree with that. They

say that is a different system

and not one that anyway would be prepared to work.

interestingly they do agree be prepared to work. With but

there is not too much of a

consequence in their opinion on

third party processing because they're insisting that any

processing sent they're they

were able to set up in East

guidelines and the review Timor would fall under UNHCR

processes that come with that.

wouldn't have Therefore, this judgment

there either. So there is some level of agreement that third country processing is not

affected by this, but both sides of politics are

different way to support their interpreting that in a slightly

respective cases for Nauru and

East Timor. But there are some potentially serious financial consequences from another decision that the High Court

handed down yesterday on youth

allowances? It was a very big

day for High Court. They had

not only this days case when it

comes to the asylum seekers an

the South Australian bikie laws that control orders there, but

another decision on tax is one

that could end up cost ing the

millions of Federal Government tens of

time has expired office has

ruled in favour of a student

who claimed that youth allowance benefits she receives

are assessable income and she

can claim deduction on things

she's had to purchase to help

obtain that income. So things

like text books and writing

materials. So this baif paves

the way for every student

receiving youth

that's a fair hunk of

university and tertiary student

s - being able to claim on their Staightry and s - being able to claim delukss

on their Staightry and computer access and library charges. So

this is a very big problem for

Government's budget bottom line

when they're already quite

tight in that department at the

moment. There's now potentially

another ten of amalgamates

millions of dollars they have

to find. Thank you, me Lisa. In

other news Australia's Defence

shortage of doctors an it's

affecting its overseas mission. An ABC Online An ABC Online investigation has

found low morale is forcing medical personnel oat out of

the military. the military. A reservist doctor says medical

professionals are badly treat and poorly paid. The ADF dethies the charge but dethies the charge but admits

it is looking to recruit 200 health professionals. A

massive explosion has rocked

Pakistan's biggest city,

Karachi, killing 20 people and injuring at least 100. Militants tried anti-terrorist headquarters, exchanging gun fire with police. A truck laden with explosives was detonated,

destroying the building and

leaving a crater 3m deep. After eight months of bitter negotiations, Iraq finally has

a new government. Iraq's

Parliament has met for the

first time since the election,

now under the power sharing deal the Shi'ite's Nouri al-Maliki remains Prime

Minister. The minority Kurds

hang on to the presidency and

the main Sunni faction get s the Speke Thousand of passengers stranded on that cruise ship drifting

off the Mexico coast have

arrived back on dry land. The

'Carnival Splender' has docked

in San Diego Bay. The ship had lost power after a fire and had to be towed back to shore. And

film producer Dino de

Laurentiis has died in Los

Angeles. He was 91. He produced

more than 500 films including 'Serpico', starring Al Pacino,

'Flash Gordon' and dune dub. He was nom sh - 'Dune'. He was nominated for of course after-38 times. The G20 continues in Seoul Minister Julia Gillard has kept

her focus on the local economy, criticising Australian banks in

a speech to business leaders.

Mark Simkin reports from Seoul. Last night, the world leaders

got to work, meeting for dinner

and meeting as a group for the

first time. Julia Gillard had

already met some of them one on

one, the Canadian leader, the with them yesterday but this was a

was a first chance for her to meet some of the other, including Barack Obama. Now

while the G20 is international finance, Julia

Gillard is still talking at

least in part the domestic

variety. She used her speech to business leaders to launch

another attack on Australia's

banks. Our domestic debate,

however, at the moment is over

shadowed by community concern and anxiety and anxiety about mortgage rate increases. And, as a result,

the Government is moving to

increase competition in our banking sector. Julia Gillard's written speech was pretty

strongly worded. She accused the banks in it for example of

ripping off consumers, but when

she came to deliver that speech

she pulled her punches. We want

to better emz power consumers

to move away from banks when

they are un happy with their

banking arrange cts

that they are being ripped off. Mike that they are being ripped off. Mik

Smith the CEO of the ANZ bank and the man who approved and the man who approved that

the odds rate rise earlier the odds rate rise earlier in the week, he was a guest at

that lunch and he defended his

actions. I actually feel that

the customers in Australia get

pretty good value for the services that they have. I think what we haven't done very

well is explain ourselves in as

transparent adds we should have been. So later today the G20 meeting will wrap up and the

leaders will have to see if

they can actually agree on some

of the re forms they've been

talking about, whether they can

call a cease-fire in the so huff called currency wars for

example that have been

straining relations between Washington and Beijing. And

then many of the leader,

including Barack Obama and Julia Gillard, will hop on a

plane and head to Yoko hamma

Jap - Yoko ham yap Japan for

the APEC meeting. Iraq's Parliament is voect forination of a new

Government. The agreement was

struck since the 8 months of

dead lock. Nouri al-Maliki dead lock. Nouri al-Maliki will

remain as Prime Minister. Many

wondered if Iraq could hold on

this long to form a government

without sinking back into

violent chaos. But at last the deadlock has been broken. And

this Parliament can start

governing the country. The incumbent incumbent President, Nouri

al-Maliki, appears set to stay

on in the on in the job, as will the country's Kurd ish President. But they will share power with a secular Opposition group

which will get key Government posts like the and the foreign ministry. For Iraqis themselveses this

Iraqis themselveses this is a huge milestone. Back in March, they voted to reject the bloodshed of their recent past,

even Taspolling booths they

were walking to were being bombed by militants. Since then, those same al-Qaida-linked terrorists have killed hundred of rares Iraqis

in massive bomb attack s in Baghdad and other cities. And

even as the negotiations to

form this Government were going

on, it was on, it was feared that outside

players like Iran and Saudi

Arabia were jockeying for

influence. The challenges

facing this new Government is

huge. - are huge. But so are

the stunt opportunities. The

first priority is of course

security. The next is working

out how to divide the world's second largest oil reserves

among the Iraqi people without

splitting the country again. If this Government can

do it, Iraq will have the money

to start properly re building

itself. Iraqi also have the stability they crave. But

they're big ifs and on the

first day of this new

Government there's no guarantee it will even hold together.

We will look at the front

pages of the major newspapers

now - Australia's decades old

regime of processing asylum

seekers offshore as we've been

reporting this thrown into doubt by the High

Court yesterday. The decision

open s the possibly of appeals

by thousand of rejected asylum

seekers. 'Canberra Times' says the Federal Government has the Federal Government has been

urged to review all asylum

seeker claims dealt with under that offshore processing

regime. The the 'Australian'

says home owners will have to

pay about $1,000 towards the cost of their solar panels

under an over haul of the

Gillard Government's green subsidy scheme. Increasing labour

costs have trairgd surge in Budget overruns at Australian

mining and energy projects kort

reports the 'Financial Review'. The 'Courier Mail'

says Labor's delivered ad 1.3 million bill

to taxpayers when they dumped

Kevin Rudd as Prime Minister. The secret post election blitz on Victorian

motorists has been planned with

about 100 new mobile radar kits

bought for police 'Advertiser' reports South Australian Premier Mike Rann's

efforts to wipe out bikie gangs have unified his enemies. The

'West Australian' says the WA

Government's push to give police unprecedented stop and

search powers have been killed off. The 'Northern Territory News' reports a bus driver of a luxurious charter company have

been caught drunk behind the

wheel with 22 tour USes on

board. 'The Mercury' says a

deal with the AFL is to be re

ect jeblingd fd And there are more legal brothels in Sydney

nan Victoria and Queensland

companies. What does that mean

then - does that mean there are more illegal broth #es? Sydney

has been known as sin city. And

if they're legal, they're legal. They are. Are they going

to do a front page story on how

many fish and chip stories

there are? It will be a rip

snortder of a yarn that one.

There are lots

this morn and one is the consequence of the High Court decision yesterday about asylum

seekers who have been processed offshore do have the right of

appeal within Australia in

Australian court. That's what

successive governments wanted

to stop by setting up offshore

processing. Will it set up

gridlock and will it force the

Government to look onshore for

detention facility s? detention facility s? And should asylum seekers get access to

access to Australian courts? If

they believe they have a case,

if they believe they can make the argument out that they are

in fear of their lives, in fear

of persecution if they're sent

back, should they not or should

they be able to get access to

the courts in your view? Please

send us your feedback

We will take a quick look at the weather now. : We will take a quick look at the weather now.

Thz are the Tom stories on

ABC News Breakfast - ABC News Breakfast - the

Federal Government is grappling

with how to deal with a High

Court decision that affect s

its offshore detention policy.

The ruling will now allow asylum seekers held offshore to

have access to Australian court. Australia's Defence

Force s is facing a critical

shortage of doctors. The ABC

has been told poor morale is forcing many meadows out of the

military but the ADF admits it

is looking to recruit 200 health

health professionals. A massive

truck bomb has exploded in Karachi, killing at least 20

people and injuring with 100. The explosion destroyed The explosion destroyed a police headquarters leaving a crater 3 m deep.

An Australian man convicted

of murder in Bulgaria is more

confident about his appeal

after a witness said he was

defending himself against a gang of youths. 23-year-old

Jock Palfreeman is appealing a

20-year sentence after he

stabbed a man to death in a

street brawl in 2007. Europe correspondent Emma Alberici

reports. Jock Palfreeman knows

this corridor all too well. And the force of the

Bulgarian justice system. He

wants his original murder conviction overturned on the

grounds that the legal process

was flawed. Andre was killed by

Jock Palfreeman's knife, pulled out according to witnesses to

defend himself against a group

of Bulgarian youths. Five

minutes s had originally agree

- five witnesses had originally

agrees that he had gone to the

aid of an Egyptian - - a Roma gypsy. His previous very

statements he had said there

had been a fight between gypsies and the friends of the

victim. And this time he said

there was merely a

fuss. Yes. What does that

mean? You tell me. Jock

Palfreeman's father has

travelled to the Bulgarian

capital more than 20 times. He

feels encouraged by the police witness whose changing his story was that the

passage of time had made him

forget. He now says that Jock

Palfreeman was acting in self-defence. I do feel this court appears much more

professional. And I guess we

just have to be quietly just have to be quietly hopeful

that this will progress into a

much better outcome for Jock. Can you tell us something

about your son's state of mind

today and how he was feeling

going in to this second day of

for his horrial to hear it

today. It's been very hard on

him no. Not the fact that he's

been in prison for three years but he's had this constant

barrage of particularly through

local media suggesting he is

just a wanton murderier. As a

the 23-year-old Australian

makes his way back to the cell,

the hunt resume s for three

other witnesses who have gone

mission. It was on this busy street corner in Sophia three

years ago that the lives of two families changed hopes to get their son back, the other never will. Can I just get one comment about the case from you, please? Andre's

parents are appealing the original sentence too. They

want Jock Palfreeman in jail

for life, with no parole. Now very shortly we will cross to our Washington correspondent Craig McMurtrie

because we've been following the fate the fate of hundreds of

passengers sphuk on this

immobilised - stuck on this

immobilised cruise ship off the

glefl. The holiday from hell

really. This is a cruise ship

that had a fire on board which

basically crippled its entire

services. There's been no hot

water, no air conditioning, no

hot food. This ship has had to

wait for help until it could be

towed to shore. All of those up

until then I am sure very until then I am sure very happy

holiday makers could get off board and start enjoying

themselves. It's why I won't go on cruise on cruise ships because you're

stuck. No power, that meant no

toilets working and god forbid

the swimming pool was off

limits because there was no limits because there was no way to pump chlorine into the pool

and there were a lot of people

getting Smashed on warm

beer'. There was nothing else

to do in the circumstances. But

it does - there are people who

love cruise liners and going

around the ocean, the high seas

for weeks on end and those

those who don't. I am latd er category as well. At

least if you're on a plane

you're stuck on it for 17 hours

rather than four straight

weeks. I will update you on a bit of news we've

covering, the flight of the -

plight of the A380 engines made

by Rolls Royce. Qantas,

Lufthansa, Singapore all tries

to fix the problem that Rolls

Royce is trying to actually

identify. This news just in -

US Boeing has lost eight orders for one of the planes made an emergency landing. That

aircraft was on a 6-hour test

flight, made an emergency land

ing in Texas ing in Texas after crew

reported smoke in the rear of

the plane so some really toe y

airline operators. They're all

having a hard time in the

market and they can't can't

afford to buy risky pleerns any engines that are not thoroughly

tested. If it wasn't for this

next story they may consider

going on a cruise to get point AA to point BB. Craig

McMurtrie joins me now from

Washington. I feef believe the passengers are finally coming

off the stricken cruise ship? They are. And it's

interesting because it's so easy to pass a joke about cruise ship, et cetera, because

it is terrible to imagine being

stuck on this cruise ship. But when

when you actually hear the

stories of the people as

they're getting off, you

realise that it must quite an awful experience for many of them, particularly

those passengers who were down

in the ship because the size of this thing, it's this thing, it's 13 storeys

tall, it's nearly 3 football fields in length, it's a massive thing. And for

passengers who had cabins near

the top or with easy access to

outside air, that was one

thing, but for others who had

cabins below and in airless

places I ship's systems went out, once

they lost air condition, power

and light according to many of

the passengers getting off the

ship now they're saying that

was a hellish experience Here is some of what passengers had

to say. We figured out it was getting worse and worse, the

toilets weren't running, no

lights, so pretty much stayed

on deck so that the emergency

lights were on there. Had sand wichation lot. - sandwiches a lot. I doubt it will ever

happen again. No hot food. No toilets. Are you coming on another cruise? I am deciding

on that. What else do you want

to say about this experience? 'Carnival Splender'

was wonderful, the crew and

everybody on it were just

friendly and encouraging and big smiles an helpful all the

time. They were great. That passengers passengers Craig from that stricken cruise ship and the ship's operator is now offering

free cruises and it remains to

be seen just how many passenger

also take them up on that

offer. Yes, it's interesting.

Quite a few of them were saying

they were happy to go back on a

cruise, that was just a one-off, but others clearly don't want to be anywhere near

a cruise lise liner ever again.

The damage to the industry is

hard to underestimate because

this has been all over cable in

America for some days now.

Getting the ship back to San

Diego Bay exercise. It was dead in the water. The tow was long,

putting it against the dock was a major enterprise involving

lots of tugs very delicate

operation and to add insult injury after being stuck at sea

for days an not having any

facilities they come back to

port and then the passengers

were told they had to wait because they would still have

to be processed by border

control, by Customs. And that was the final straw for

many. Not a good experience and

a very damaging one for the Craig McMurtrie, thank you for

the update. OK. Now to the

markets and Wall Street stocks

fell overnight. That was after

a disappointing company report rattled the technology sector.

Now here is Amy Bainbridge with the sport headlines. Good morning. Day two of the

Australian Masters will get

under bay Way this morning, and it's trio of Australians leading the charge after the

opening round at Victoria Golf Club in Melbourne. Alistair

Gaunt all carded rounds of 65,

to garner a two-stroke lead

over the chasing pack at 6

under. Presnell and Bland are

training partner. Tiger Woods

is among those back in 17th.

The former world number one

fight ing a 2 under par 69. I

think back thinking

Ef had a consistent year

compared to last year and not

much happened throughout the

year. But h year is more of an even flow. I last half of the year think last half of the year think ing

I thz hitting the ball well but couldn't couldn't quite get the job

done. But I haven't been

playing well the last month, so

it's - it was a bit of a question on whether or not I

will go back for final stage of

US Q school but the decision

has been made next week after I

do or don't play well this

week, it's got it off to a nice start. Expectations - playing some pretty good Bad

golf for the last three months

and struggling mentally. Just

came home for two weeks to

forget about it and worked with

my coach for the last week so and it just seems to be

getting back to where it needs

to be and we're going in if

right direction. Hopefully this

is the turning point for

me. That is golfer Adam Bland.

To tennis, and a win to Gael Monfils at the Paris mooft

Masters finalised the qualification battle for next

week's WTP finals. Gael Monfils beat Fernando Verdasco. The

Frenchman fired 11 ace s to

delight his home crowd Verdasco made 51 unforced errors. Now Monfils' win means

Andy Roddick, Tomas Berdych and

David Ferrer claimed the

remaining three places for the

series snd ing next week. Monfils has beat Monfils has beat en Latvia. And Novak Djokovic lost to Frenchman lord lord lord: -

Stephen Moore was the man

of 2 match when Australia beat

England - England at Twickenham

in 2008. It will need to be a

big performance because the English English will bring a English will bring a big

performance. They were a bit

separated last week, played some good rugby. Didn't get the outcome they were looking for

and they will be wanting to

make us pay and obviously we

don't want that. So we've worked hard to present ourselves as best we can and that will be a ripper. We have from our last encounter in Sydney but most importantly the

scrummage s eight this week will be a big will be a big advantage from last week. Certainly overdue

that win in Hong Kong after

having a fair few losses. So

it's still a little bench mark

side in the world at the moment

and England really pushed them

last week and not just in the

scrum but right around the

field, a lot of threats around

the field. It will be a massive

game. We will have to wait to

see what the result has launched a new second tier

competition for the eastern and

northern States for next year.

The new league will include

teams from existing NSW, Queensland, Queensland, ACT and Northern

Territory competitions. They

will compete in northern and

eastern conferences with the

winners of each conference to meet in a Grand meet in a Grand Final. We've

been really keen to try to im

the standard of second tier

football in NSW and Queensland

and when you look at the and when you look at the ACTAFL which is a terrific competition

and the Queensland competition

which involves NT Thunder we

thought there is an to develop something that is

innovate ive and get a second tier conference model that draws together Queensland, Northern Territory and the NSW. We will talk more about the the cricket later in sport. ABC News Breakfast can live on the web from

anywhere. Just visit the main

ABC News website. You will find

a link to News 24 that is

streamed live every day. Here is Vanessa is Vanessa O'Hanlon with the weather. A cloudy day over

Queensland in a trough also

cloudy over the south-east

ahead of a trough. That is combining with a low and front

to bring cool er winds and a few showers to southern WA.

Northerly winds are affect s parts of will be a broad trough that will deep en causing widespread

rain through central and

eastern Australia over the weekend. Turnaround States:

Still to come we will speak

to Professor Kjell Aleklett, he

heads up the association for

the study of peak oil and gas

and he says oil prices have hit their highest price in years and he is very worried

about future supply meeting

ever increasing demand. Also,

we will have a review of some

of the newspapers. This morning we're joined

we're joined by former edtore of the Melbourne 'Age', Mike

Smith. Leading the news this morning the Federal Government

is trying to work out the future of its offshore detention centres. The High Court yesterday ruled that

asylum seekers held offshore

can have access to Australian

courts. Now this opens the door to potentially hundreds of

appealles and also probably crid Gridlock for asylum seeker numbers. Australia's Defence

Force is facing a critical

shortage of doctors. An ABC

Online investigation has found

that low morale is forcing many

medical person - s out of the military. The Australian Defence Force denies there is a

problem with morale but admits

it's look ing to recruit 200

health professionals. A massive

truck bomb has destroyed a

police compound in Karachi killing at

injured around 100. Police say

terrorists opened fire with aut

hattic weapons before driving a

truck pack we. Ploesives into the boundary wall of the

department. That explosion left

a crater 3m deep. G20 leaders

are detective meting to South

Korea no determine how the way

the world does business. There's

There's fears the summit There's fears the summit could

descend into a row over

currency values but Prime Minister Julia Gillard says

it's veetal the big economies adopt new rules to avoid meltdown. And the film producer

Dino de Laurentiis has died in

Los Angeles. He was 91. De

Laurentiis produced more than

500 films including 'Serpico', starring Al Pacino in 1973,

'Flash Gordon' and 'Dune': He was

was nominate naetd ed for an

Oscar 38 time an won Oscar 38 time an won for 'La Strada' strad in Strada' strad in 1986. The High

Court has ruled that asylum

seekers held in seekers held in offshore

detention can have The decision opens the way for

hundreds of appeals and longer

stays in a detention system already bursting at the seams.

It was from inside Sydney's Villawood detention centre that

two Sri Lankan Tamils learned

of their High Court victory. I

have spoken to them and they're

really happy that they have the right of appeal in the High

Court . The men who came by

boat more than a year ago were due to be deport. They pleaded in justice in

their risk claims on Christmas Island. The High Court unanimously agreed the

inquiries were not made

according to law and were procedurally fair. The court

has for the first time since

2001 given them rights to legal appeal in Australia's

courts. This is a landmark

decision. Not only for our clients an

clients an other asylum seekers

but the rule of law in this

country. Refugee lawyer David

man -man n says the jaut

. We call on the Government to

abooven don the abooven don the offshore processing regime which the

High Court has unanimously

ruled is fundamentally flawed. The Greens won't for government action. They

will introduce a bill into

Parliament next week, giving

all asylum seekers equal access

to the law. So that all people

when they rive where it whether

it's on Ashmore Reef on the

shores of Bondi or the Sydney international airport will vul

& ul all have access to the same rights of protection. The Government is advice and says it won't be

rushed into responding Le>>'s

not get ahead of ourselves. We

have a High Court decision. The

Government will take legal advice on it. It's the

Immigration Minister's job to

map out the path air head. She

not ruling out new

legislation. This is a

significant judgment. It has

significant significant ramifications. It

needs to be worked through in a method ical and method ical and calm manner

which is what I will be doing. Chris Bowen has been

given some advice. He says the

High Court decision will not

undermine the processed

processing centre in East Timor

and he is old toeld that days

cases from the past can't be re

surfaced: This change s the way

things going forward. But there

are currently 145 detainees are currently 145 detainees who

will now get access to

Australia's courts. will follow. It certainly does mean that the length of time

for some people in detention if

they take up their appeal rights could be lengthened. People would have to remain

Government with already a

detention crisis which is out

of control may well decide to just let people out. The

Government is bracing for a

system that is over crowded to

be even further stretched. And

each appeal not only puts

pressure on capacity,

pressure on capacity, it comes

with added costs to the taxpayer for legal aid taxpayer for legal aid and government lawyers. Now, what

do you think about the High

Court decision and offshore processing? That is our

conversation for this morning. You can A couple of Facebook

comments - maybe just maybe

both sides of politic will now

taib take a deep breath and start to consider with a humanitarian view point. That would require the media to

also stop bleating about more boats and Tony writes -

offshore processing is

Australia's Guantanamo Bay. This was

High Court. Denying people

their due process, regardless

of their origin, is wrong. And

using other count Troyes create

a loophole is even more.

So Keep those comments coming.

And we are read them out. An

oil fire in the engine is right

now the preliminary finding in the cause of

A380 midair drama over

Indonesia. The European

aviation safety agency has

recommended the Trent 900 engine be subjected to


inspections. Grounded until

further notice - the Qantas

fleet of flagship A380s are

still being checked after last

week's catastrophic failure of

a Rolls Royce Trent 9

engine. Qantas is working very

closely with Rolls Royce England Airbus and authorities in both

Australia and overseas to

ensure that we can get the A380

back in the air. We can get it

back safely and do it as soon as possible. Qantas says passengers disruption s will be

minimal. The airline has 250

aircraft, including 26 Boag

747s which are now covering the

A380 flights for at least the

next fortnight. Unfortunately

we are unable to tell our

passengers when the A380 would

be back in the air. Europe's

air safety authority has found the

incident. In an emergency air

worthiness directive it says an

oil fire may have faus caused

the fail our TV intermediate

pressure turbine disk. The EASA

says if not detect ed this condition could ultimately

result in un contained engine

fall ure. And that's what happened with large parts of

the engine casing piercing the

wing and raining down on the

feeshz ian island

Engineers say this is an engine

design fault that can be easily

fixed. Many say Qantas is very

lucky the engine disintegration

was not worse and the oil fire

was not closer to the fuel tank. While the Qantas incident

investigation is under way, the

European aviation safety agency

is demanding repetitive Trent 900 inspections. Singapore

Airlines has replaced three

engines on three of its

A380s. The true facts of matter as to what happened,

what was the causes I can't

speak to that because the

investigation and so on are

still going on. It is still going on. It is more

something that Rolls Royce is

in a much better and more valid position to address. Rolls

Royce is yet to make a public

comment on its fault y

engines. And Fairfax media engines. And Fairfax media this morning is reporting that

things are going from bad to possibly very much worse Qantas with the papers - the

'Age' and 'Sydney Morning Herald' reporting that the A380

planes by Qantas may now be out

of action over summer. That is

for at least the two two three month, no t the weeks

that the airline is talking

about. And that is the peak merd for Australians

travelling. Our dollar is at

parity so everyone will be sign

ing on for the Melbourne,

Sydney, LA seg Legg and that is

one of the legs that the A380s go

shifting all those units if you

like overseas, not able to like overseas, not able to be

in action. That is a nice way to to describe passengers. He may

be the son of one of the

world's best love musicians but

for Julian Lennon having John

Lonard as a father has - Lennon

as father has often been a burden. Europe correspondent Phillip Williams caught up

the famous offspring in London. While the whole world loved the Beatles, life as the

son of John Lennon was anything

but easy. Even years after his

famous father's murder. It used

to drive me nuts. I mean, literally drive me nuts. I

would go, I appreciate what you're saying on the music front, but I know him as father. John Lennon then left

his son and wife Cynthia after

the contact was sometimes sporadic and because you forgive doesn't

mean you forget but you move

on. Part of that process is an

exhibition in a book of personal and Beatles

memorabilia inheriting very lit

Julian had to buy back his own

history piece by piece, including the between fathers and son. Obviously you know I son. Obviously you know I can't

exactly remember precisely when

they were sent or when I sent

them, but I have a vague idea

of a time and a place. So, yes,

they do carry a lot of weight

in that respect. And there were

good times together, including

rides on the monkey bike around to Ringo's place. It to Ringo's place. It was

something we shared, a moment

we shared. As was the badge making machine where the pair

manufactured their own

messages. We used to make a lot

of badges and they presents to people and I think

they're still a great thing to

have to be. There are Paul McCartney's recording notes

from the famous song Hey Jude,

which was originally a song hey jewels, about the boy John

Lennon left behind. They still

like it. It's greatly

appreciated of course. Julian

Lennon says he's close to re

releasing his first album for

11 years ago and credit venture as a photographer as

his new love of life. Now the

shadow his surname used to cast

is not as dominating as it used to be. It's what would have been

been the 70th birthday of John

Lennon a few weeks ago and I

could not join the celebration

and have never liked the man in

particular because of his

treatment of his son and the

fact that he left him and was

encouraged by Yoko Ohno to not

see him his own boy and to cut him out of the life in support

of the new boy. He was very

much under Yoko Ohno's

spell. No defence, when a child

is involved. And you never

forget these things but forget these things but you can forgive and learn from those experiences. Full credit to

him. He is looking good. He has

had a really tough time. Nice

to him See him in that

State. So has John's first wife

Cynthia, the forgotten spouse.

You're watching ABC News Breakfast - the top stories -

the Federal Government is

grappling on how to deal with

the High Court decision that affects its offshore detention

policy. The ruling allows

asylum seekers held access to Australian courts. Australia's Defence

Force is facing a critical

shortage of doctors. The ABC's been told poor morale is forcing

forcing many medical

professionals out of the

military. The ADF denies the charge but admits it's look

tock recruit 200 health professionals. And at least 18 people are

injured when a massive truck

bomb explodes in the Pakistan

any of Karachi. The explosion

destroyed a police headquarters

leaving a crater 3m deep.

Now we will look at today's

papers an we're joined by the

director of Inside PR and

former edof the of the the 'Age' newspaper, Mike

Smith. Good morning. What is on

your list this morning the ? 2 next 24 crunch time for the Victorian

election. Weir at the halfway mark

mark of the campaign. And I

think we will get opinion polls in the next 24

hours in the newspapers and I

think that will be a critical

measurement. I think the

tloicials Coalition will want

to have start ed to have made

inroads by now and as if on cue the Labor Party tonight is

ex-Keatinged - expected to make

with the Greens, according to a report in the 'Australian' today. And that is absolutely

critical in terms of not only if if it wins the election or

whether we have a minority

Government. There's been a lot

of game playing in some of the reports that have been leaked

to papers and comments that

have been made to papers have been made to papers that papers have dutifully followed

up. So reading between the

lines which way do you think it

will fall? I think there's too much at stake for Labor not to do a do a deal. I think the crunch

point is whether Labor will

deliver its Greens, its

preference in the upper house

which is an easy thing for

Labor to do, and it's

absolutely critical for the Greens. They

about the upper house than the

lower house the greens. But it's a question of how many seats the Greens will preference Labor in the suburbs

in particular and in the really

sensitive seat, how many of sensitive seat, how many of the

marginal seats. The Greens are playing hard ball on that and the Labor Party is playing hard

deal in the upper house. They

have to sort it out have to sort it out soon. On

that front the 'Age' is reporting a pledge by the

Premier that may help win some

Green vote. As if on decision tonight he is now offering to have a

Tasmania-style peace talks on

logging that could end up to an agreement similar in Tasmania

where there is aure kur

tailment, if not a ban on

logging, certain forests. What

took them so long? It's as if

they're already in a minority Government. It is. Is that what you might anticipate might

happen, another hung parliament? I think that is

more likely than a Coalition

victory. But I think it's still

possible for Labor to its own right and that will

depend to a significant extent

on the preference deal in the

next 24 hours. I don't know if

we had a look at the front page of the 'Australian', of the 'Australian', talking

about the deal, the preference

deal that you've been talking

about and whether they can get

that through or not. The

chance of victory as you see it

is through a-Greens preference

deal in Victoria? I think

probably. The Coalition has got

to get a 6.7% swing and that is

a tough call. They haven't been

in front in the polls since the

last election. And it would be enormously surprising if they

got 6.7%. But they only need a

swing of about half that amount

away from the Government to

force them into a minority Government. And of course Liberals with their preferences

have a big say on whether the

Greens pick up those four inner

city seats which could make the difference between whether it's Labor or a minority Government. Which is creating its own set of problems with Ted Bailleu and some constituency. Absolutely. That's been the most damaging

thing for them in the campaign.

People are saying again it's an

un inspiring campaign and I

think we have to lower our

expectation about xaince.

Everything doesn't happen in companies anymore. Politics

like the rest of the world moving much more quickly. Election xaibing happening

throughout the whole term

now. People say it's been a

dull campaign. I think the

result will be far more interesting than the

campaign. We've known basically the policies for 12 months. Uz Because guy s like

you make it dull in PR. You

cool it all down. I don't do political work but in companies, political parties

pay defence, it's all about

risk management and minimising the risk. the risk. So the interesting

cane campaigns are where people stumble. Like with the Labor

Party in the Federal campaign

with Mark Latham and the

leakance the real Julia, they were stumbles that really hurt

them and cost them outright

Government but the real game in campaigns is to keep it safe. Not surprisingly a lot of

the papers are focus ing on on

the High Court asylum seeker ruling. All the Fairfax broad

sheets, the the 'Age', the

'Sydney Morning Herald', and

the 'Canberra Times', this they're their main it puts the Timor solution and

the Government policy in

disarray. But it is not a unanimous

unanimous opinion. The

'Australian' has downplayed the story compared to what the

Fairfax papers have done. Their

legal correspondent Chris Merit

in the Australian has a piece

where he's say ing there's much less to it than meets the

yie.s He is saying no law has

changed. It may lead to a review of cases amongst people

who have been treated shod ly.

But it hasn't changed the won't tree any asylum seekers

and that some f of the human

rights activists are beating it

up. Don't Governments in this

situation simply move very quickly quickly to amend the law? They could do that. And the actual

impact is very hard to work out

quickly. But it seems politically and symbol ically

it's being regarded in the

first instance as very important but actually legally it may not make a lot of different. Richard Acland in the 'Sydney Morning correspondent in the 'Australian', that the - it hasn't

hasn't changed the challenge to Migration Act wasn't


discretion has not been

challenged or deny. Ice the

procedural fairness that issue

that was upheld. It may lead to

more legal aces and challenge -

cases and challenges but it may not mean any difference to the

decision by the Minister or make any asylum seekers get into the country. Chris mer yet is make

- Merret is making the point that it's more a problem for

lawyers and for those who schedule High Court case

because they will be very, very

busy over the next few

months. And for bureaucrats who

don't fall due process when

they tear dealing with the

asylum seekers. Back to the 'Australian' there's a story

you want to have a look

at? That story on page 6 was

again the Greens preference deal. OK. That was the comment peat pees by Chris Merret. I am

sorry, my mistake. So let's look at the 'Financial Review',

I want to look at the front page of the 'Financial Review'

in a moment but after you have

had your go. What is the story

you're looking at? There's you're looking at? There's a lot of heavy political and

legal stauf in stuff in the papers today. One that caught

my eye in the 'Financial

Review', a real bread and

butter issue, was the latest

data on the yution of the

enterin the: We know the enter

- Internet. We know the Internet is

live but now there's official

figures to confirm what is

going on. There's now more than

40% of the population use

social networks an far in away

the most popular is Facebook.

Very few people using Twitter. On the net generally. 86% Googled, in the month of

June. 61% of Australians used

Facebook in June. And 43% had a look at YouTube. And the amount

of traffic that is being

downloaded and uploaded on the

net in Australia now is going

up like that and it's mainly because of this huge recent increase in social

networking The daily beast is

reporting one of my favourite

Internet sites that the

Internet doomsday scenario is

approaching, we're fast running

out of IP addresses. We are not

going to run out of cloud space

in which to store this stuff but the IP addresses too few of

those. We will have to add a

few more characters just like

with phone newspapers. The

store Story in the 'Financial

Review', given you're my former

editor and you ran a desk of

sub editor Nazis when it came

to poor writing. I am wondering

how you would subthis - escalating Labor and construction costs have

triggered a surge in Budget overruns at Australian mining and energy project, sparking fierce of financial crisis days when

costing inflation strangled economic growth. How many senses stences ideas in one

little paragraph there? I think

I would take it five cliches

and it would read a lot better. Bet

better. Bet out the blue pencil. That one should go into

the master class I think. Mike,

always good to see you. Thank

you. Amy Bainbridge is back

with the sport with the sport headlines. Good morning, day two of the

Australian Masters is about to

begin and a trio of Australians opening round at Melbourne's Victoria Golf Club. Alistair Presnell, Adam

Presnell, Adam Bland and Daniel

Gaunt all card rounds of 65 to

garner a 2-stroke leads over

thes they chasing back at 6

dunner. Tiger Woods is back in

17th fire ing a 2 under par

69. To tince and a win to Gael

Monfils has saved match points to win against Fernando

Verdasco. Andy Roddick, Tomas

Berdych and David Berdych and David Ferrer claimed the remaining places for the season ending

ATP finals in London next week. Roddick has reach ed the

quarterfinals of the Paris

Masters. Stephen Moore is Stitt

to face England this weekend

Wee weekend at Twickenham. It's

a boost for Australia they try

to avenge their last June in Sydney. He places

Saia Faingaa. And Peter George

has kept his name in front of

the national selectors as

England's top order failed to

impress on the opening day of

the Ashes tour match at the Adelaide Oval. England batted

after winning the toss with

Paul Collingwood kolg and Ian

Bell rescuing the side after a shaky start. George was the

pick of the bowlers, taking

3/65. We will chat cricket in the lead-up to the

Ashes. So we will cross Ashes. So we will cross to Steve Pearce later in Steve Pearce later in the golf. Now Vanessa O'Hanlon have a pretty wet weekend in

store? We certainly have. Ahead

of the weekend, most of SA and

Victoria had their hottest day

since March. Nullabor got 15

the average, 41 degrees. In

Mildura it hit 37. The hot air

is being drown down bring fr the interior trough that is bringing

thuvendery rain. And the trough will connect with a low and frontal system and this will

give us the very wet #w50ekd.

On the radar this horning it is showing widespread shower s

across SA. No significant

rainfall bus which are looking

at five 15mm. Coming you on the fate of the 'Carnival Splender', those

people on board have managed to

finally disembark from the

stricken ship. A v After no

food Orica seen o - no food or

casino. Back after the short

break. Offshore and up in the

air - the High Court puts asylum seeker detention review. There are terrible consequence ness both for the

taxpayer, for the integry TV of

our system. It is not as if it

opens up necessarily the option s for court s for court shopping. Medical

crisis on the front line - the

Defence Force struggles with a

shortage of doctors. Deadly

attack, a massive truck bomb

destroys a police compound in Pakistan. And a trio of Australians leads the heading into day two of the Melbourne Masters . This Program is Captioned

Live. Good morning, it's Friday, Good morning, it's Friday, 12

November, I'm Michael Rowland And I'm Virginia

Trioli. The stop story - the

Federal Government oonce been

forced to take another lock at how it deals with asylum

seekers offshore. The High

Court has ruled those asylum

seekers in offshore detention

centres can appeal decisions in Australian courts. It opens the

door for possibly hundreds of

appeals and puts more strain on already over The Opposition says it's -

denss dnsts. The Opposition

says it's a terrible

decision. This is a right appeal under limited circumstances. The preliminary

advice to me today is that

those appeal also go strict to

the High Court, wouldn't go

through, if you like, the

Federal Magistrates Court to

the Federal Court to the full

bench to the High Court, it will go straight to the High

Court. The High Court would be

the relevant jurisdiction and

then they could be appealed in

some cases to the full bench.

But it is not as if necessarily the options for

court shopping. There are terrible consequences both for the taxpayer, both for

integrity of our system. This

judgment didn't say that these

individuals were bonafidy

refugees. Bonafidy risks don't

end up appealing decisions

because they get yeses. And

what we don't want to see is what we don't want to see is a return to the bad old days when

people gamed the system - where they come and seek to make appeals endless

protract their stay in

Australia. As a result of this

judgment and without any

genuine action taken by Chris

Bowen, that is what is going to happen. For more, Melissa Clarke joins us now from Canberra. Good morning. Scott

Morrison and Chris Bowen can

appear to be at odds over this

judgment by but they're in

exactly the same place when it

comes to the intention of two

bit of legislation put up by

the two sides of Parliament. There is certainly

some elements of agreement

between the two although you

have to listen very closely to figure out what they are. They boit agree what this decision

means is we're going to see the

plentden of - lengthen of the process for many asylum seekers

because there will now have to

be an extra provision of review

for people processed offshore.

Chris Bowen made the report

that that is not an ex cra

review of the mer blits - dr

merit of their case as to

whether or not they are a

genuine risk but the High Court

has ruled they should be able to appeal the procedure through which they have been judged. There's

that's where an extra layer of

review could come. In either

way it means it will be a longer process for a lot longer process for a lot of people. They both also agree that this doesn't have a lot of consequences in terms of

processing asylum seekers in

third countries. Now, think

think this for different reasons. We have the reasons. We have the Opposition

saying the system than ran

where people moved to Nauru fined under this High Court decision because that was

strategy process put down in

legislation and wasn't an issue, whereas the Government

is saying if they set up the

centre in East Timor, as they

so desire, that would be under auspices

auspices of the UNHCR and this UNHCR's reviews UNHCR's reviews an procedures would be in place and therefore

not a problem in terms of the

High Court. So there are

certainly some elements of

agreement there. But as to who is to blame there's certainly

some finger points between the

two as to whether its original under the Howard Government or

Labor's changes to the

processes in 2008 as being the

route cause of the problem

here. Also just quickly,

another ma matter that was

oversighted onibly the High Court could have some revenue

implications for the

Government. With the Government

being worried about the being worried about the $10 billion hole they've had because of the because of the rising Australian dollar that it's

caused to the Budget bottom

line, they may now need to find

a couple of tense of millions of dollars because the High a sphunt who challenged the tax

office and - student office and - student who challenged the tax office. The ruling means that youth

allowance payments given to assist young students is now technically declared by the court as assessable income, so money that students have

earned. This means they can claim as tax deductions

elements that help them with

that, so their text boo,