by Daniel Teng, Epoch Times
December 8, 2021
The New South Wales Court (NSW) of Appeal has dismissed an appeal to overturn a court decision in mid-October that upheld the use of vaccine mandates across industries such as aged care, policing, and construction.
On Dec. 8, three justices from the Court of Appeal, President Andrew Bell, Justice Anthony Meagher, and Mark Leeming, heard the case involving several individuals, including Sydney construction worker Al-Munir Kassam and aged care worker Natasha Ryan.
Bell said the court concluded that vaccine mandates were valid because individuals could “choose not to be vaccinated.”
“The impugned orders contained no sanction for the exercise of the choice not to receive a vaccination,” he said in his judgement.
The workers were ordered to pay the court costs with the justices because “no error was demonstrated on appeal” of the previous judge’s findings, and nor did the appellants advance any new arguments.
The appellants—Kassam, Henry, and the other workers—argued that they should not have to pay the costs because of the “public importance” of the matter.
In October, ten plaintiffs launched legal action against Health Minister Brad Hazzard, Chief Medical Officer Kerry Chant, and the state and federal governments.
Australia ‘Does Not Have a Bill of Rights’: Judge Rules Vaccine Mandates Legal
Justice Robert Beech-Jones of the NSW Supreme Court said the court’s function was to determine whether health restrictions were legally valid and whether a minister “acting reasonably” would implement similar measures to deal with a public health crisis.
Beech-Jones argued the state health minister had the power to abrogate rights, saying public health orders were doing the “very thing which the legislation sets out to achieve.”
“So far as the right to bodily integrity is concerned, it is not violated as the impugned orders do not authorise the involuntary vaccination of anyone,” he said in his judgement.
The proceedings were viewed 1,412,278 times, including nearly 390,000 times on day one of the hearing proper on Sept. 30—indicating significant interest in the case.
According to court data, the audience peaked at 58,484 individuals during the initial directions hearing after the YouTube link was shared across the social media platform Telegram.
Attempts at challenging vaccine mandates in Australian courts have mostly been unsuccessful, barring last week’s decision from Fair Work Commission (FWC)—the country’s workplace tribunal—striking down a mandate by mining giant BHP on a legal technicality.
In September, the FWC did, however, uphold the dismissal of an aged care worker for refusing to receive a jab for influenza.
Since October, three legal challenges in NSW—including Kassam and Henry’s case—against vaccine mandates have failed.
Additionally, a challenge in Tasmania from health workers was unsuccessful, while in Queensland, police failed to overturn the public health directive.
Yeah mate us old tired scribes know this but we are an honorary news service, albeit had many offers of funds, but we control our own editorials. We despise Falsebook and steer clear because there is a lot of misinformation and we just don’t have the manpower to sort the chaff from the hay. We have a very experienced (old style) legal eagle just appointed to our editorial board as well as another experienced journo from southern NSW. Their help should take the pressure of our underpaid staff of 2. This tired old bugger has interviewed everybody from the Governor General to the janitor, several PM’s, nearly every government Minister and many church ministers beginning 35 years ago. This reporter has been a war correspondent, court reporter, economics reporter, law reporter, media and advertising consultant, compositor and just about everything else associated with the print media. I really don’t need another job. Can you do it? Ed
Editor, cairnsnews
Yes, I can understand how frustrating it must be for you, but you’re only getting a part of the stories. In the old days News platforms had reporters going out and getting first hand reports of their own observations. Perhaps you need to go out an do a bit of that yourself. I suggest that if you start a FB page you’ll get a lot more. Maybe you already have but not getting the submissions or shares. There’s a lot going on that you never get wind of just in Qld alone. I’m in Gympie and we’ve got heaps going that never hits any media. We do demos and confront State and Federal Members, the Police. We heckled the crap out of Malcolm Roberts who is doing his re-election campaign rounds two weeks ago. We’ve got an action ongoing presenting Police with a thick Citizens’ Crime Report Affidavit. When the latest edict came out we had a group going to shops doing naming and shaming. We have Gympie Council so scared of us that they hide in their offices. Lots that you’ll never get wind of because it’s actions that count, we just don’t have a media arm, yet. We’ve had locals physically attacked at Bunnings by staff and that’s gotten to the point where the owners have dropped all prohibitions of entry there to every one.
Well said Tony you are spot on and all the gutless keyboard warriors of social media are as useful as an ashtray on a motorbike in a real fight but will wave the flag when true Anzac Aussies have physically sorted the problem … ED2
Seb… wanna take a bet?
Fuelmich is a lawyer with a massive ego.
Transparently, he wants to go down in history as the greatest ever lawyer of all time. He has a budget of $1.3 billion to do this with.
However, if he moves now, he will lose critical drama. He needs to wait until at least a billion have died in horrific circumstances from the jab. Cavalry charges to the rescue only look impressive when they save the savaged survivors, in the nick of time.
Take my word for it, good ol’ Reiner will wait until the drama peaks before making a move. If we want to save Australia we need to face facts. All these legal challenges will fail because there are no independent judges.
We need to remove the dictators ourselves, and the longer we wait the more will die in the civil war that follows. Unfortunately we, in Australia, have become like the Poms who thought Hitler would honour the rules, as in Cricket. Not only did Adolf reject Cricket, so too did Churchill and FDR. We have no leaders. We have no promise of salvation.
All we have is about 8 million unarmed men and women who are shitting themselves at the prospect of fighting; or at least the six or seven individuals who are actually seeing the writing on the wall. Do you wanna be number eight?
In order to practice as solicitor, QC, Magistrate, Judges, High Court Judges etc. In order to practice they must undertake a Bar Exam and then must tythe via their local State Law Society that are agents for the Temple Bar in the City of London Corporation where this push for population reduction is coming from. The City of London is a Foreign State where CERCO is headquartered, but more importantly the Vatican comes under there too. The Tavistock Institute which is the home and headquarters of Eugenics movement under Lord Mallach Brown, a foreign power.
That’s where the elephant in the roomis . The whole of Judiciary is loyal to a Foreign Power and its agenda. All so called former and current British colonies law is administered from there too as are the Free Masons, Knights of Malta, all the large and most powerful banks, stock markets, insurance, military, Central Banks, et al.
If we are to have an impartial Judiciary then the tie to the Temple Bar must be cut.
Australia must have it’s own independent Judiciary and oversight of that, otherwise these repeated pushes to extinction events will persist, such as the repetition of the Spanish Flu of which we are gong through now as are all so called former British Colonies. The SEC in Washington DC, also an independent State, where THE COMMONWEALTH OF AUSTRALIA and indeed all of our corporate state government, the BRIGALOW CORP of Qld.
Go to Dunn and Bradstreet business look up and see for yourself.
Eureka stockade:
‘We swear by the Southern Cross, to stand truly by each other, and fight to defend our rights and liberties’. 1856
Australians and new Australians got pissed off with the tyrants who were running a corrupt criminal system. It was a just cause.they just wanted a fair go, to be free,and have rights. They were smashed, some killed, by police and military thugs – history repeats it all took place in Victoria.
It has happened again, politicians, police military, and the courts against the people.
This time we will need to put in place real protection for it to be impossible for corrupted and criminal systems to gain a hold over the people in the future.
Small problem at this time, we have to go through some rough times before getting rid of the grubs who are running or supporting this mess.
More Australians are becoming aware of what is really going on. The shires refusing to follow mandates is a good example.
Imagine if most shires in Australia did the same – we would suddenly start to take back our country.
There are 2 distinct jurisdictions, the private and the public.
People’s problems arise from not understanding the difference and commingling the two.
My understanding is that the State ‘governments’ (which are really corporations, check out “The Clearfield Doctrine”) have jurisdiction over their creations and those who pretend that they are that.
State “government” has jurisdiction over businesses registered to it, but not the workers.
The actual workers are not legal fictions but real men and women.
They provide equitable substance in their work, and they are paid with legal fiat currency.
People’s unalienable rights are found in the equity jurisdiction, but those same rights are absent in the legal jurisdiction unless granted by statute and then only pertain to a person’s legal entity.
This is what a statutory Bill of Rights is.
The civil jurisdiction is for fictions.
Here for Tasmania to be a plaintiff one needs to be a corporate sole, a corporation or a body politic. It would be the same for other State jurisdictions.
There is no provision for people which is only found in the equity jurisdiction.
And unfortunately that jurisdiction has lapsed into disuse.
The term mandate in Black’s Law Dictionary 8th ed has the following definition for the civil jurisdiction:
4. Roman & civil law. A written command given by a principal to an agent; specif.,a commission or contract by which one person ( the mandator ) requests someone ( the mandatary ) to perform some service gratuitously , the commission becoming effective when the mandatary agrees.
In this type of contract, no liability is created until the service requested has begun. The mandatary is bound to use reasonable care in performance, while the mandator is bound to indemnify against loss incurred in performing the service. A contract by which one person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal.
The contract of mandate may be either onerous or gratuitous. It is gratuitous if the parties do not state otherwise.
What the State “governments” are doing is demanding that the employers change the terms of their employment contracts with their workers.
This needs to be agreed to by the workers.
If the workers choose not to be vaccinated, then they must give Notice to their employer that they decline the offer to change the terms of the employment contract.
If the worker does nothing, then it is accepted that they agree to the change in the terms, and so agree to receive the vaccine.
When they fail to be vaccinated, then they breach the terms of the contract and so can be dismissed.
Those in “power” are relying on the ignorance of the people to the process of law, and by the disingenuous use of words and terms are practicing fraudulent concealment.
A pox on them !
sandiibeach,there are many who quit the workforce,I am one of them.
I was in the engineering,power generation and maintenance industries,and all employers have been coercised by the governments to make vaccines compulsory,
I have recently been receiving emails and texts from employers offering large weekly bonuses on top of your weekly wage,I declined their offers and told them I will not get poison injected in to my body and have retired early.Believe me,the employers in many industries are hurting
Below listed are my personal opinions – not tested by the Courts, FDA, CDC, TGA, ABC, Main Stream Media, Dangerous Dan, Pfizer, etc, etc.
The courts are now corporations. Each court is now a private corporation.
The average Australian can no longer afford to take a public interest matter to court, especially if the threat of costs awarded are considered.
The courts will give out hope – then knock you back down to where the slaves belong.
Federal and State courts have the politicians and police and now ADF backing them, who do we have?
Our Australian Constitution is now played with in the courts – they can use newer legislation invented (for total control) by the corrupted governments.
Current contracts with Pfizer and other corporations make a mockery of our Constitution, Governments , Police, ADF, and Courts.
UN police and military and other grubs such as contractors (mercenaries) can now be used by our corrupt corporate governments to assist (totally control us) and they will be 100% indemnified at all times when they are in Australia.
They can murder. steal, rape (including kids) and any other crime, with no fear of arrest or even being told they have been naughty.
This is not something that will one day go away with the (supposed) pandemic, it is all here to stay.
The NWO actually tells us what they are going to do to us well ahead of anything happening – at least months of warning but often many years. Most Australians ignore the warnings, they do not want to know – no need to do anything, someone will turn up to save them.
Many politicians have resigned in the past and ended up working for private corporations,
nothing sinister about that.
Just need mass resignations and watch their resolve crumble when they have no workers. Problem is there are few who will actually stand up to this rubbish in relation to all who lay down and take it.
Now that the entire can of worms (original recipe) that is Pfizer has opened, this report is entirely credible. A court has rejected the Fizzer’s request to conceal their lethal jab inside information for 55 years. Thirty pages have been released – 1,200 head and thousands injured in the first 90 days and those are just the numbers they admit.
https://phmpt.org/wp-content/uploads/2021/11/5.3.6-postmarketing-experience.pdf
So for the government to have signed this contract with the Fizzer under duress and to have refused to employ every legal instrument to void it as a contract signed in fraud (and ipso facto void – under any law) can only mean they are owned / controlled by the Owners of Pfizer. Collectively, the all levels and branches of the Australian gov’t has left its balls with the family vet. They fear the Dark Side of the Force more than they fear the people.
This must change.
That is why Reiner Fuellmich and his team of International Lawyers will be taking legal action within the next few months to challenge the BASIS on which these International mandates, lockdowns and Government Legislations have occurred.
Their defence is that the PCR test was and has always been invalid..
(most know that by now surely)
Governments have pushed through despite knowing this as well.
The WHO, and ATAGI (vaccine pushers) would be talking to each other and the WHO finally admitted that months ago.
They are without excuse.
Australia is still obviously using a disproven method of testing to keep up the rhetoric.
They are now targeting our children
with an unfounded urgency, this time based on “variants ” from this same faulty test.
These children have had so many vaccines in their short lives already. They have been injected with different animal cell lines, aborted baby cell lines, heavy metals like aluminium, even formaldehyde. Now they want to inject them with a synthetic line that contains who knows what…it is obscene to even contemplate.
If we turn a blind eye to their innocent vulnerability and ever present danger then we are complicit in it.
SARS CoV2 started with a lie.
Watch the excuses roll in.
The Countries of the world have been run by incompetent fools.
If you want to hit back at these “justices”, challenge their appointment as magistrates (then on to justices). unless they are at least 90 years old, and unless the British monarch appointed them PERSONALLY,they are personating judges.
Why do I say this? Because, unless Dick Yardley’s research is inaccurate, and I doubt that, the last LEGITIMATE GG ended his tenure of that office in February 1960. Given that it is highly unlikely that a barrister would be appointed to the Bar before age 30, 1960 to 2021 is 61 years, plus the 30 starting point = 91years old. This means that there isn’t a judge sitting in this country ANYWHERE, (the question of personal appointment DOES exist however, so demand that they prove it).
Reblogged this on Nelle's journey.
Lotsa brown bags here.
“The impugned orders contained no sanction for the exercise of the choice not to receive a vaccination,” he said in his judgement”
What then do you call ‘no jab no job!’
Where is justice ? Are the judges obeying the constitution.? Oh that is right it has been stolen . This time in history will be remembered.I thought the colonial days and the red coats were bad You know, the soldiers the Dirty deals in rum and all that stuff, And Ballarat and Eureka Stockade .. Well all those blokes look like angels compared to the traitors we have in power now.
One of my friends said a few years ago, ” It will be much better when women get into power,” Well I am sorry to say she was wrong. I do thank all the loyal men and women for standing up to these tyrants.
We must stand they leave us no option.All I want is peace and freedom.
So disappointing!! Just goes to show it’s all stitched up!!