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In fact, a UN resolution called for it to happen. Please turn on JavaScript and try again. The plaintiffs also sought to rely upon the dissenting judgment in Jennifer Kimber v Sapphire Coast Community Aged Care [2021] FWCFB. Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 (on Caselaw) saw the Court dismiss two proceedings which in substance sought orders that certain Covid 19 public health orders were invalid.Justice Beech-Jones, the Chief Judge at Common Law, stated at [9] - [11]: 9 Although it was contended that the impugned orders interfere with a person's right to bodily integrity and a host of other . The judgement made in the case poses issues such as, whether or not courts have authority to put a stop to the Public Health and Wellbeing Act 2008 (Vic) . Kassam v Hazzard: NSW Supreme Court - PH Solicitor (a) create a form of civil conscription; and That the Proceedings be Dismissed. Leaving aside the constitutional challenge raised by the plaintiffs in the Kassam proceedings, in considering the grounds of challenge raised in both proceedings, it is important to note that it is not the courts function to determine the merits of the exercise of the powers by the minister to make the impugned orders much less for the court to choose between plausible responses to the risk to public health posed by the Delta variant. the differential treatment of people according to their vaccination status is not arbitrary, . Instead, it applies a discriminate, namely vaccination status, and on the evidence and the approach taken by the minister, is very much consistent to the objects of the Public Health Act.. #covid19. The Court found that: Our team is actively monitoring and considering the implications of legal and regulatory developments in response to the COVID-19 pandemic. Then, one would hope that the trail would have to cease. Hazzard originally created the public health order on the grounds that it was reasonable to avert risk to public health under. Please enter your email address below and click on Sign Up for daily newsletters from Australasian Lawyer. The Kassam plaintiffs also questioned whether the police powers created by Order No 2 were inconsistent with the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA), as well as whether the order is rendered invalid by section 51(xxiiiA) of the Australian Constitution. Thirdly, and perhaps most importantly, Australia urgently needs a Bill of Rights to protect the fundamental democratic freedoms of us all.. Across the road from Justice Precinct carpark. His Honour confirmed that there was no duty to afford procedural fairness, and that any production of vaccination information to an employer does not vitiate consent. Keep up-to-date with our regular news and insights, Level 11 Waterfront Place 1 Eagle Street, Brisbane QLD 4000, Level 15 Olderfleet 477 Collins Street, Melbourne VIC 3000, Level 19 Angel Place 123 Pitt Street, Sydney NSW 2000. So, in essence, the case was challenging a very broadly worded power that was sufficient to make the orders, and not surprisingly the case was unsuccessful. Some are talking about the announcement that Queen Lizzie has left this realm. Copyright 2023 KM Business Information Australia Pty Ltd, Workplace relations and health and safety, MinterEllison, Holding Redlich, Piper Alderman highlighted in Best Lawyers Australia 2024, HSF launches free digital law course for APAC university students, Former Lander & Rogers finance head named CBP CFO, HFW assists on COVID-19 vaccine acquisition bid for Philippine consortium, NSW Supreme Court approves $28.5m Provident class action settlement, Former NRF insolvency star jazzes up Lander & Rogers commercial disputes practice, Piper Alderman assists PharmaLexs merger with specialist consultancy, Disney slams DeSantis with five causes of action.
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kassam v hazzard judgement