The ACT Supreme Court will hear arguments on Wednesday for and against an injunction on the territory government's compulsory acquisition of Calvary Public Hospital Bruce.
While it may seem that Calvary has got more to lose with their ownership of a hospital on the line, it's actually the ACT government which stands to lose the most.
An injunction doesn't necessarily mean the legislation won't hold up but it will likely mean the formal acquisition of the Bruce hospital, set for July 3, will be pushed back.
This would be a huge blow to the ACT government, which had justified the short time frame for the takeover by saying it was needed to provide certainty for staff.
An injunction will throw a spanner into the works because staff will be left with more uncertainty than ever before.
If this injunction is given, it would mean the court believes there is a reason to test whether the government's legislation is legitimate.
But even if Calvary were ultimately successful in the end, how could the organisation work productively with the ACT government in the future? The relationship between the two would be fairly untenable.
Calvary and the government could negotiate another deal for the latter to buy the hospital but then the Vatican would need to approve this. The Vatican already scuttled a 2010 deal, for $77 million, and after this whole saga it's hard to imagine the Holy See would be at all favourable to the territory.
Of course, the government could then just go back and amend the legislation to make it valid. Compulsory acquisition legislation is already well tested and it is something governments are allowed to do. But the government has faced significant backlash for the short time frame.
The government has been widely criticised for the short acquisition time frame, even from health staff. The Australian Medical Association and the Australian Nursing and Midwifery Federation have both said their members have expressed widespread dismay at the process and its speed.
If this injunction is granted, the government would have faced this criticism around the speed all for nothing.
We've made it a whole lot easier for you to have your say. Our new comment platform requires only one log-in to access articles and to join the discussion on The Canberra Times website. Find out how to register so you can enjoy civil, friendly and engaging discussions. See our moderation policy here.
