The Covid files: NT Health Minister hit with 97 applications fighting pandemic powers

One applicant invoked God and Jesus Christ in the courtroom where nearly 100 Territorians filed appeals in protest of the NT’s pandemic powers.

A NEW challenge to the Territory’s pandemic powers has taken over Darwin’s courts, as almost 100 people filed Notices to Appeal against the Health Minister.

Natasha Kate Fyles was hit with a flood of Notice of Appeals on Monday over the NT Government’s expected extension to the Covid emergency declaration.

But the legal paper barrage is unlikely to stop the expected extension to the public health emergency and changes to the Chief Health Officer’s powers, which will be put to a parliamentary vote in May.

Working off a template legal notice and repeating the same legal instructions to registrar Leanne Gordon, 97 applicants were called on one by one to manage their case.

It was standing room only as the courtroom opened on Monday morning, with the applicants spilling out to a nearby courtroom and a dozen others listening in via a video link.

Health Minister Natasha Fyles. Picture: Floss Adams.

Among the notable applicants included a former-CLP members and candidates for the Territory parliament, leaders in the anti-vaccine movement and business leaders from across the NT.

Their supporters included United NT Businesses Mario Tsirbas and an alleged November 6 anti-mandate rioter. 

Ms Gordon was very explicit that the pre-hearing case management conference would not be used to debate Covid legislation or file new applications against the Government.

Each applicant was asked if they would be comfortable with their case being run grouped together or following a lead case, which would test the legal principles of their applications.

All said they wanted to be heard individually. 

“Many if not all the appeals that we are dealing with today essentially are seeking the same relief,” Ms Gordon said.

“(A lead case) would be an opportunity to run what might be considered the best arguments and the most compelling evidence,” she said.

“A successful outcome on one case (could) produce the results being sought on each of the others.”

Darwin Local Court. Picture: Glenn Campbell

Ms Gordon warned that running every one of the 97 cases separately would take up weeks of the court’s time.

“We’re fitting in 100 appeals in an already packed court schedule, so that’s the challenge I’ve got,“ she said.

Each applicant had different demands for their case, with some only calling themselves as witnesses, with others demanding the Health Minister, Chief Health Officer, Chief Minister and the Police Commissioner give testimony.

Craig Oldroyd said he alone would need a 2-3 day hearing calling 100 witnesses from across the Territory.

Holding a ‘Concise Australian Legal Dictionary’ the self representation applicant declared to the court that he was a “man of God”.

“I invoke the power and authority of Jesus Christ over this court today and any subsequent hearings in this matter,” Mr Oldroyd said.

“All Westminster law is predicated on the word of God,” he said to a round of applause.

Many applicants complained their day in court would fall after the emergency powers were expected to be extended in May, with one arguing it would make their applications “null and void”.

Ms Gordon said the courts would not invalidate or block the extension of the emergency declaration if their legality had not been tested.

“(But) any decision in relation to its legality would potentially affect the validity of any further extensions,” Ms Gordon said.

Many applicants complained they faced the threat of costs associated with the barrage of paperwork to the government, others said they would be filing a protective cost order.

“This is a cost jurisdiction and any unsuccessful party may be at risk of an adverse cost order in accordance with the principle that costs would ordinarily follow the event,” Ms Gordon said.

Ms Fyles’s barrister, Greg O’Mahoney warned that they could seek costs from the 97 applicants if proven right by the costs.

The gallery broke out in sarcastic laughter, with one person yelling out “what a joke” and another saying “with this government, not surprising”. 

It comes as the court heard a number of applicants had not yet paid for their own Notice of Appeals, with Ms Gordon saying the courts had “hit a brick wall in terms of reaching out to them”. 

More than a dozen of the cases were thrown out after the applicants failed to show up.

Despite opposition from fellow applicants Ms Gordon said “when the court is essentially left in the dark completely unawares as to why there is no appearance, there is little else we can do.”

SEE THE LIST OF ALL APPLICANTS HERE

ANDREW Filiz

AULD Malcom

BANDES George

BARLING Georgina Catherine

BAYLIS Rhys Joseph Tyler

BERTSCHI Stephen

BOHLIN Ross

Former Giles Government Member of Parliament, Ross Bohlin

CIERI Frederick John

CIERI Ruth

CLEANTHOUS Helen

COLLINS-BUNGEY Tania

CUMMINGS Teresa Lynn

CURTIS Julie Michelle

EGGER Esther

EGGERT Alexander Michael

ERES Brent Henry

FAULKNER Kelli Ann

FREW Christopher Mawson

GASPARIC Peter

GERAKIOS Irena

Prominent businesswoman Irena Gerakios

GIBSON Robert S.

GINNIS Barbara

GUZEL Sevan

HAND Craig

HARDSMAN Margaret Lorraine

HAYES Adam Charles

HEWETT Earl Omar

JACKSON William Francis

JAMES Jarrod Benjamin

JESSOP Debra Louise

JOY Carey Brian

KASTRISSIOS Theodoros John Eugenios

KEFALIANOS Zoe Irene

KITSOS Irene

KLIDARAS Maroulla

KUPFER Ursula Margaret

LAWSON Lucas Ronald

LAY Nicholas Ryan

LEE Katherine Anne

LEE Matthew Scott

LEE Taryn

LELEKIS Nectarios

LePOIDEVIN Janet

MAGNOLI Arion Kyle Tony

MAGOULIAS Themis

Former Palmerston Council candidate, Themis Magoulias

MAJETIC Samuel

MARAFIOTI Mario Joseph

MARTIN Tameya Glenyce

MATSON Benjamin

MATTHEWS Ljiljina kovacevic

MAVROS Nickola

McCLELLAND Jake

MCDONALD Timothy William

MCWILLIAMS Marika

MEARNS Donna

MILNER Simon Andrew

MOUTOU Charles Leslie Jean-Eddy

NATION Shane Anothy

O’CONNOR Chantelle Naomi

Former CLP — and independent — NT election candidate Carolyn Reynold.

OBLESCUK Carl

OBLESCUK Maria Lucille

OLDROYD Craig

PAOLO Tony Di

PAUL Simon John

PECK Sarah Louise

PIRAU Claire

PLUME Charles Wayne

POTAE David James

PRATT John Anthony

RAMSDEN Richard Reginald

REYNOLDS Carolyn Jane

NT Police media spokeswoman Chelsea Rogers

RICHARDS Lisa Marie

RIVETT Julie Ann Patricia

ROGERS Chelsea Sharyn

ROWE Michael Alan

SALMON Michelle

SHILLING Thomas Bruce

SIMON Peter Stacey

STEWART Scott

STRETTLES Greg

STRINGER Alison

STRINGER Blair

STRINGER Blake

STRINGER Dean

Prominent businessman George Vazanellis

TAKTIKOS Mihali

TESSTER Lucas Samuel

TESTER Karl

TOMKINS Leah

TRICKEY Scott Peter

TRUEMAN Harley

TSIRBAS Aristocles

TSIRBAS Athina

UN Juan

VAN DER AA Sonia Grace Wilhelmina

VAZANELLIS George

VAZANELLIS Nicole

WALLENT Graham

Originally published as The Covid files: NT Health Minister hit with 97 applications fighting pandemic powers