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Julian Gillespie's avatar

thank you Alison,

.. a thoroughly excellent article about the state of play

Re - who had the authority to approve the contaminated Covid products?

Professor Brendan Murphy was also a named defendant in this action, the First Respondent

.. as the Therapeutic Goods Act sets out quite clearly, the authority to approve the contaminated Covid products was always the "Secretary" being the Secretary of the Department of Health

at all relevant times that was Brendan Murphy

.. senior counsel in this class action knew this to be the case because he was the same senior counsel in our earlier proceedings - The AVN Case and the later Australian Babies Case, Mark Robinson KC

i was responsible for creating the legal opinion for The AVN Case and directly involved thereafter with the drafting of the pleadings with counsel (both senior counsel and junior counsel), and i specifically ensured senior counsel was familiar with the provisional approval pathway, which we subsequently raised in our pleadings

.. that is why for both cases we properly named Brendan Murphy who was then the Secretary

the provisional approval pathway is briefly as follows:

- section 22C: https://classic.austlii.edu.au/au/legis/cth/consol_act/tga1989191/s22c.html

followed by ..

- section 22D: https://classic.austlii.edu.au/au/legis/cth/consol_act/tga1989191/s22d.html

where section 22D requires the criteria under regulation 10L(1)(a) to first be satisfied by the Secretary before a provisional determination (approval) could be granted by the Secretary

- regulation 10L: https://classic.austlii.edu.au/au/legis/cth/consol_reg/tgr1990300/s10l.html

as you can see the person the legislation affords the power and jurisdiction to grant provisional approvals is stated only to be the "Secretary"

how this was not squarely said so in the pleadings of the class action remains unclear - i never saw the final form of the pleadings the subject of the Katzmann decision

but how this mystery continued into the summary dismissal application hearing when oral submissions were provided Re which Commonwealth officer was responsible for the approvals, beggars belief

.. the legislation above is clear

.. how senior counsel managed to not step Justice Katzmann through these straight forward sections to place the issue beyond controversy .. well .. i cannot say in the end because i did not attend the hearing

but something is (indeed many things are) not right with how senior counsel serviced this issue (and the pleadings generally) for the court

to have this one issue feature so prominently in the decision of Katzmann means .. it appears .. some very avoidable mistakes were made

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Greg_In_Oz's avatar

Anyone who has been awake for at least the past 5 years has probably expected this … nothing that took place during the “pandemic” was honest, appropriate or well intentioned, hence nothing can be allowed to emerge from the fog because we all know it was all a colossal scam. Bastards are in charge and have been for years, whistle blowers are prosecuted and sociopaths are rewarded … that’s what the blob uses for its survival. The only victory is not to take part in their game.

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