The Queensland Court of Appeal ruled today in favour of seven teachers and 12 small business owners who wish to fight again that the mandate was unlawful.
The teachers and business owners appealed the decision, seeking “declaratory relief” and for the state government to instead pay the costs.
Declaratory relief means a court can determine the legal rights of parties without ordering anything to be done or awarding damages.
Again, the state government argued the Supreme Court’s decision should be upheld because none of the group was at risk of future prosecution for not complying with the revoked mandate and there were “no foreseeable consequences”.
The Court of Appeal on Tuesday granted the appeal and overturned the state government’s summary dismissal application.
“There is no other good reason to deny the applicants their day in court in their attempt to establish the merits of their claims for declaratory orders in relation to alleged past contraventions,” Justice John Bond ruled.
“There is a strong public interest in determining whether or not there is any merit in their claims.”
Justice Bond also ruled the state government and Gerrard must pay the costs of the application.
“There is no good reason why costs should not follow the event, and they should not have their costs in this court and below,” Justice Bond said.
The granting of the appeal means the teacher and small business owner’s case can now go back before the courts.
It comes after the Queensland Supreme Court made a landmark ruling in 2024 that police and ambulance service workers were unlawfully directed to receive vaccines or face potential disciplinary action up to and including termination of employment.
