The inherent requirements to be able to operate anywhere on the network are unchanged no? The fact that Qantas has suspended the network due to government directions doesn’t change that requirement.
By all means argue that in court. Lose and they’ve done their $$$. Win and QF will pursue something along the lines of Fujiroll’s idea, the 65 year old will still be retired, and the person arguing the case has has still done their $$$.