The AVN and our legal team have been working non-stop for the last 6 months to get our cases over the line in the Federal Court. If successful, we will see the end of COVID jabs for 5-11 year olds as well as a withdrawal of the provisional approvals for the experimental COVID jabs, meaning the immediate end to all COVID Vaccine mandates.
Our cases have always been straightforward; our evidence is damning and ready to go; however, the judge at first instance threw us an entirely unexpected curve ball recently, by denying each of the AVN and Mark Neugebauer’s legal Standing, a decision quite out of keeping with established legal precedent.
Consequently, we have been forced to go on appeal now, where we find ourselves having to present again this rudimentary issue of legal Standing to a higher Court, (the Full Federal Court composed of three senior justices), in order to get the case back on track so we can proceed to the substantive hearings, where the real evidence about the Secretary of Health will be presented.
This has forced us to perform a great deal of additional work never normally seen in Administrative Law matters, which we can’t help but opine has been by design.
In short, we have been forced to prepare for a hearing on legal Standing; another hearing with respects to the Costs that must be awarded following the Standing hearing; followed now with the work required for getting ready our appeal of the Standing hearing decision.
Options for funding:
We have had one major donor come forward. He has committed to providing $50,000 towards the costs order. In return, we have promised in writing via our solicitors to refund these funds should our appeal against the adverse decision on standing be upheld, and costs returned to the AVN.
So we are asking anyone reading this who is in a position to donate $25,000 or more to the AVN’s fundraising efforts, to please contact us by email or by phone – 0414 872 032 – and we will put you in touch with our legal manager, Katie Ashby-Koppens. Katie can send you the written contract promising a return of your funds should our appeal be won and costs be returned to the AVN.
As always, you can make any donation you’re able to spare to our Give Send Go appeal. Please read the terms and conditions carefully. They state that, should there be any funds left in the kitty after the case is won, the reminder will be refunded on a pro rata basis to anyone who has donated $500 or more.
And just so everybody is clear – the issue of legal Standing is normally discussed at the start of a substantive hearing, the same hearing where the evidence is presented. In our situation the Judge ordered a separate hearing on legal Standing alone, thereby preventing us from also presenting our damning evidence and arguing the nuts-and-bolts of the case.
So here we find our matter having walked the proverbial garden path, having to appeal which we believe and are advised will be successful, in order to go to a final hearing where our evidence finally gets laid before the Court against the Secretary.
As you can no doubt see now, this case within a case has greatly assisted the Secretary of Health to avoid answering in open Court the mountain of damning evidence that proves the Secretary has failed in his duties.
As a consequence of this legal Standing decision by Justice Perry, which has so greatly assisted the Secretary of Health, our costs have increased far beyond what we initially budgeted for.
We are now left in a very uncomfortable position and we are coming to you – our supporters and community – to ask what you would like us to do.
We need to raise approximately $150,000 – $180,000 on top of what has already been donated – thanks to your generosity – to cover a likely adverse costs order arising from the hearing on Standing, and to cover the additional cost we have been put to for needing to appeal. Without these funds we cannot continue with our appeal on Standing – an appeal which we have been told has very good prospects of success.
Should we win this appeal, then the monies paid for the adverse costs order will be returned to the AVN, and we can get on with the substantive hearing of our evidence against the Secretary.
If we cannot raise the needed monies our case will be dead in the water, leaving a terrible precedent for future litigants seeking justice, while leaving this Secretary of Health free to continue supplying a dangerous substance to the Australian community, and particularly to 5-11 year olds who were never threatened by SARS-CoV-2, but who are threatened by what this substance can and has been doing – causing horrific injuries and illness and deaths.
As it stands now, it is feared that a loss at this point in this case, “will shield the Commonwealth from many (if not most) future judicial review challenges as to the regulation of medicines in Australia” as stated by Senior Counsel, Mr Mark Robinson.
I don’t believe that any of you reading this would consider that to be a positive outcome and nor do we.
So, we are asking you a simple question – do we continue or do we call it quits at this point in time, when we are so close to the finish?
Time is pressing
Indeed, time is of the essence. We have been given a time frame of approximately 2 weeks to raise these funds in order to continue this historic case. If the needed funds are raised, our work continues for protecting our youngest, our children, while protecting our community from a health bureaucracy gone mad. We are so very close to achieving these outcomes.
