Sydney Law Firm Files Lawsuit to Overturn Australian State’s Public Health Orders

By Daniel Y. Teng
Daniel Y. Teng
Daniel Y. Teng
September 3, 2021 Updated: September 3, 2021

A Sydney law firm has filed an action against the New South Wales (NSW) health minister, chief medical officer, and the state and federal governments, calling for public health orders to be declared unconstitutional and illegal.

Ashley, Francina, Leonard and Associates (AFL) argue that the health orders require vaccinations to be mandated across a broad class of workers, including teachers, health care workers, builders, and airport staff.

“We say that (NSW Health) Minister Brad Hazzard and Dr. (Kerry) Chant have exceeded their delegated powers by civilly conscripting workers to taking a vaccine, which has only ‘provisional approval’ from the Therapeutics Goods Administration (TGA), and where the clinical evidence from Phase III trials is incomplete,” a press release read. The TGA is Australia’s drug regulatory body.

“It is our view that vaccine compulsion strips citizens of their basic human rights, including their right to work, their right to bodily integrity and their right to informed consent to medical treatment without coercion,” it continued.

The firm, AFL, claimed they received thousands of inquiries from front-line workers, university students, parents, and employers.

Fred Nile, member of the NSW Parliament’s Upper House said in a statement, “I personally wish to commend you for your legal challenge launched against Health Minister Brad Hazzard and Dr Kerry Chant over mandatory COVID jabs for frontline workers.”

On Friday, the first hearing at the NSW Supreme Court was held with over 19,000 people tuning into the live stream to hear the proceedings. Over 300 pages of written statements were tendered along with the statement of claim.

Justice John Sackar said the claim raised several questions on the validity or unreasonableness of the NSW public health orders and three questions related to the constitution.

The plaintiffs, AFL, agreed for the need to drop Hazzard and Chant from the lawsuit so that the matter could be expedited and resolved faster.

AFL will have time to decide before the next hearing at 9 a.m. next Wednesday.

Greater Sydney and NSW has been under extended lockdown since late June to contain an outbreak of the CCP (Chinese Communist Party) virus, Delta variant, commonly known as the novel coronavirus.

The lockdown was originally slated to run for four weeks, before it was extended twice—due to low vaccination and high infection rates—until Sept. 30.

Recent figures have revealed the damage extended lockdowns have caused with mental health support service, Lifeline Australia, saying August was its busiest month on record, while attempted suicide rates have also increased.

Federal and state governments (NSW and Victoria) are pinning their hopes on improving vaccination rates as a means to control the outbreak and move the country away from relying on harsh lockdown measures and restrictions.

In late July, the National Cabinet—an intergovernmental body involving the prime minister and state and territory leaders—agreed on a four-stage vaccination roadmap.

The country is currently working towards vaccinating 70 percent of the population—triggering Phase B or the second stage of the roadmap—which is meant to see stay-at-home orders and restrictions largely removed around the country.

Public discontent at prolonged lockdowns, however, has been brewing, with an increase in protest activity and petitions against government-mandated restrictions, vaccine mandates or passports.