Today we appeared before Justice Perry in the Federal Court of Australia, for our first Case Management Hearing.

Justice Perry made several suggestions about how both parties should run the case, going forward. First, the Respondent (the Secretary of the Department of Health) has indicated that they want to challenge the lawful ability of the AVN to bring the case. This is called “competency”, or “standing”. The Respondent hasn’t actually said what their argument is – her Honour noted that they should do so urgently. They have until the 18th of February (Friday) to do so.
 
Next, her Honour wants both parties to refine their arguments so that there is no confusion between the two parts of the case. This is because we are challenging the provisional approvals of the vaccines generally, as well as the decision to approve the vaccines for 5-11 year old children.
 
The parties have been instructed to split their arguments and evidence into those two challenges, and to consider their position on competency, before a further case management hearing which has been set down for 3 March 2022 at 415PM to finalise these initial issues.

Although her Honour has pencilled in a couple of dates in April for a substantive hearing, her Honour has indicated that these will be confirmed on the 3rd of March.
 
We are currently awaiting an advice from our Counsel on the prospects of seeking to injunct, or suspend, the rollout for 5-11 year old children between now and the substantive hearing.