Court of Appeal rules Far North businesses can continue their challenge to covid vaccine mandates

A group of Far North Queensland hospitality businesses who have been fighting the validity of Covid vaccine mandates in court for three years say they are relieved they will “finally be heard” following a Court of Appeal decision.

Helga's Pancake House owner Birgit Machnitzke, on behalf of a group of litigants fighting the validity of the state government’s covid restrictions, says she is relieved they will “finally get their day in court”. Picture: Brendan Radke

A group of Far North business owners fighting a long-running court battle over Queensland’s covid vaccination mandates say they are relieved they will “finally be heard” after the Court of Appeal ruled that their action should not have been dismissed.

Two groups of litigants represented by Sam Iskander, including hospitality business owners and teachers, wanted the Supreme Court to declare several pandemic-related directions by the chief health officer invalid.

One group was made up mostly of businesses from the Far North, including Helga’s Pancake House, Ochre Restaurant, Mission Beach Tavern, Goondi Hill Hotel, Elixir Bar, Slap and Pickle and The Billabong in Kuranda.

The group sought a judicial review of the chief health officer’s direction, saying it imposed an obligation on their businesses to discriminate against individuals because they were prevented from entering, remaining or working in their business due to the chief health officer’s direction requiring Covid-19 vaccination, or had to bar unvaccinated staff and customers.

Cairns business owners will get their day in court to argue the validity of Covid vaccine mandates following a Court of Appeal decision.

The state government had the cases thrown out last year when it argued, among other things, that the applicants were no longer adversely affected by the directions given they had been revoked.

Those directions included vaccination requirements for workers in high-risk settings and people entering certain businesses or activities.

Not only have those directions been revoked, the legislation underpinning them expired in October 2022.

The applicants argued the alleged prior infringement of their common law and human rights by unlawful executive action is sufficient to seek court orders declaring the directions invalid.

This decision to throw out the case was overturned by the Court of Appeal earlier this week, with Justice John Bond noting in his reasons that “there is a strong public interest in determining whether or not there is any merit in their (the applicants’) claims”.

Helga’s Pancake House owner Birgit Machnitzke, speaking on behalf of herself and fellow applicants, said she was “incredibly grateful and relieved” by the decision.

Sabine Schroeder and Birgit Machnitzke marching in a Freedom Rally on the Esplanade.

“It means that small businesses like mine, and many others across Cairns and Queensland, will finally have the opportunity to have our case properly heard in court,” Ms Machnitzke said.

“For too long, those of us who suffered under the weight of government mandates during the pandemic were told we didn’t have the right to question how those decisions were made. This ruling clearly states that we do.”

Ms Machnitzke described the ruling as “a significant step forward in restoring fairness and accountability” and thanked the legal team and supporters, which included a crowdfunding effort in 2022.

“This case has always been about defending the rights and livelihoods of small businesses, workers, and families impacted in ways that simply cannot be ignored,” she said.

“We now eagerly look forward to our voices being fully heard and considered in court.”

Originally published as Court of Appeal rules Far North businesses can continue their challenge to covid vaccine mandates