We are spearheading two major actions as described below.
FEDERAL COURT BIOSECURITY ACT 2015 ACTION
A federal court action seeking to quash Minister Hazzard’s mandatory Covid-19 vaccination orders in the NSW health sector was filed in the Federal Court of Australia on 14 December 2021.
The Court judge has recently removed the action as a Class Action such that to deal with the matter quickly. Our lead Applicant is representative of the class and we are going ahead with the case on separate questions, meaning that the issues will focus on the questions of law rather than the evidence of the individual circumstances of the class. Therefore, any outcome will apply equally to everyone in any case without it necessarily having to be labelled as a Class Action.
This is beneficial as it will allow us to focus on the issues involving the legalities of mandating vaccines on groups of people without an appropriate risk assessment and individualised orders.
This compliments our NSW Civil and Administrative Tribunal actions filed in October 2021, which we have recently WON on appeal, making us the only Law Firm in Australia ( if not the world) to have gained the rights to a Merits Review.
In summary, the Federal Court action claims:
- The Minister was bound to act consistently with the provisions of the Federal Biosecurity Act 2015.
- The Minister failed to act under a state emergency declaration when a national emergency declaration was in force and as he evidently considered there to be a biosecurity emergency situation in NSW.
- The Minister failed to consider certain matters required by the federal Act before making the orders, including less restrictive and intrusive alternatives.
- Had the Minister been given accurate advice on the key questions of the risk posed by Covid-19 and the vaccines, he would not have reasonably made the orders.
- The Minister otherwise failed to act consistently with the requirements under the federal Act for imposing vaccination measures without personal orders allowing for rights of review, or by infringing accepted standards for free and informed consent.
Links to the originating application and statement of claim appear below on this page for your information.
NCAT MERITS CLAIM CHALLENGING THE SCIENCE
In summary, we have commenced proceedings seeking a merits review of the Public Health Orders. The NCAT action allows the NCAT member to stand in the shoes of the Minister to address claims that the science does not support mandatory vaccination of health workers.
For this action we intend to rely on experts to present the real-world data gathered from around the world since early 2020 to show that:
- Covid-19 is objectively no worse than a cold or flu.
- The vaccines are proving to be dangerous and ineffective.
- Mass vaccination won’t reduce transmission, hospitalisation or death.
- Other traditional measures are available to manage the risk.
We believe that science and law are in favour of our claims. States cannot simply make up their own rules, nor can the data be ignored. We look forward to presenting our case in Court.
Links to the NCAT matter challenging the Merits as well as the Appeal on NCAT Jurisdiction appear below on this page.
The argument from the Minister is that we have no right to a merits review even though the law clearly gives us one. At first instance, the NCAT member made an adverse finding on a related matter that the affected members of the public had no right of review with no clear justification for such a decision. We are extremely happy to advise that on 14 April 2022 we won the Appeal in NCAT making us the only Law Firm in Australia ( if not the world) to WIN and obtain a merits based review. The decision can be found here. DAVIS -v- NSW MINISTER OF HEALTH.
NSW is in the unique position of not declaring an emergency. Hence the laws apply more restrictively against the Minister and exposes his decision to a merits review. This is extremely helpful to the residents of NSW as this will allow us to easily challenge the flawed science justifying the mandating of vaccination.
If you would like to join our Actions please go to Join Our Actions tab on our website.
We are also preparing a case on behalf of vaccine injured children and adults and invite those that have been injured to come forward and also complete the Join Our Actions form on our website.
We will never give up the fight for human rights and freedoms.
FEDERAL COURT ACTION ( PREVIOUS CLASS ACTION)
NCAT- NSW APPLICATION FOR MERIT REVIEW
- NCAT- Vilkas- Application for Review
- NCAT- Vilkas- Statement of Grounds
- NCAT- Vilkas- Application for Expedited Hearing
- NCAT- Vilkas- Supporting Application for Expedited Hearing
- NCAT- Vilkas- Proposed Submissions for Davis v Minister
NCAT- NSW APPEAL REGARDING JURISDICTION
NCAT Appeal- Danielle Davis v NSW Minister of Health APPEAL DECISION 14.4.2022