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The directions hearing in the matter of Simon Harding Ors v Brett Sutton Ors listed for 12 November 2021 has now been heard.


Updated 15 November 2021

A directions hearing in the matter of Simon Harding and others v Brett Sutton (in his capacity as Chief Health Officer) and others (S ECI 2021 03931) was heard on 27 October 2021 before the Honourable Justice Melinda Richards of the Supreme Court of Victoria.

Further hearings were held on 3, 5 and 12 November 2021.

At the hearing on 5 November, Justice Richards made orders dismissing the summonses filed by the plaintiffs and the defendants in this matter. Her Honour’s judgment giving her reasons for those orders was published on 11 November. A link to the judgment can be found below.

At the directions hearing on 12 November, the matter was listed for trial beginning on 15 March 2022 for an estimated five to nine days.

The 129 plaintiffs in this matter work in the healthcare, construction and education sectors and are also authorised workers and employers.

They seek relief in relation to Victorian directions concerning mandatory COVID-19 vaccinations. Belinda and Jack Cetnar, who commenced a separate proceeding (S ECI 2021 03569) seeking relief in relation to mandatory vaccination requirements in the education industry, are two of the plaintiffs in this proceeding. Their proceeding has now been discontinued by consent .

Live stream - trial

The trial in this matter will be live streamed.

More details about the live stream will be available on this webpage.


A link to the full judgment handed down on 11 November with respect to the rulings made on 5 November is below.

Supreme Court of Victoria
Date of publication
Published on 26 October 2021