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A hearing in the matter of Simon Harding and others v Brett Sutton (in his capacity as Chief Health Officer) and others was held on 16 March 2022.

Updated 18 March 2022

Details

An initial 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 Richards of the Supreme Court of Victoria. Further hearings were held on 3, 5 and 12 November 2021, 3 December 2021, 21 February 2022 and 16 March 2022.

At the hearing on 5 November 2021, 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 2021. A link to the judgment can be found below.

In February 2022, the plaintiffs, except for the 42nd and 67th plaintiffs, sought leave to discontinue the proceeding with no order as to costs. The 42nd and 67th plaintiffs (the ‘remaining plaintiffs’) are no longer represented by the solicitors for the other plaintiffs.

At the hearing on 16 March 2022, Justice Richards made orders granting the plaintiffs, except for the remaining plaintiffs, leave to discontinue the proceeding. The discontinuing plaintiffs were ordered to file a notice of discontinuance and to pay the defendants’ costs of the proceeding until the time of discontinuance.

The remaining plaintiffs have until 16 June 2022 to file a summons for directions. If they do not, the proceeding will be dismissed against them and they will also be liable with the discontinuing plaintiffs for the defendants’ costs.

Rulings

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

A link to a ruling handed down on 29 November about directions in relation to expert evidence is also below.

Published on 18 March 2022
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