Why new Covid-19 legal challenge against Brett Sutton flopped

It can be revealed that a major legal challenge had been launched against Victoria’s chief health officer Brett Sutton – but it came to an abrupt end today.

Covid test reliability had been central to a fresh legal stoush against Victoria’s health bosses, including Brett Sutton, over lockdowns and vaccine mandates.

But the bid to seek a judicial review of those decisions was suddenly discontinued at a directions hearing in the Supreme Court of Victoria on Wednesday, in a surprise development.

Lawyer Jonathan Andrews who represented seven plaintiffs and Tracey Rothwell who represented two others did not air the reasons for the discontinuation in court.

However it is believed to be related to the successful passing of pandemic legislation in Victoria’s parliament this month.

Brett Sutton was named as one of the defendants in the legal case. Picture: NCA NewsWire / Daniel Pockett

Ten plaintiffs signed on to the legal action which was advertised as a “case to examine if PCR testing is reliable enough to justify lockdowns and coercion of ‘provisionally approved’ vaccines”.

In court documents the group said it wanted decisions such as the vaccine mandate, the extension of state of emergency powers and stay-at-home directions to be adjourned and reviewed at a trial.

The group – made up of real estate agents and accountants – argued the decisions were “unreasonable, illogical and irrational”.

It was argued this was because they relied on PCR tests which the group alleged were “materially unreliable” to determine Covid cases and “highly speculative misleading and/or fraudulent”.

This contradicts the advice from the health department which says that PCR tests are the “gold standard” for Covid diagnosis.

They group said there needed to be “hard scientific evidence” and the advice Prof Sutton received was based on “defective and unreliable PCR testing” results.

Other defendants named in the action included Health Minister Martin Foley and Associate Professor Nadia Deborah Friedman who was the acting chief health officer when the decisions were made on September 23 this year.

Victorian Health Minister Martin Foley had also been listed in the legal challenge. Picture: NCA NewsWire / Andrew Henshaw

However NCA NewsWire understands not all plaintiffs are happy with the decision to discontinue.

It’s also not the first time Mr Andrews has gone to court in relation to the tests and NCA NewsWire can reveal he launched a crowd-funding page to pay for separate legal action over the PCR tests.

The solicitor filed documents in the Supreme Court of Victoria in August 2021 and sought cash to help fund the action where he was listed as the plaintiff and solicitor.

He attracted donations of more than $57,000, according to the page.

Mr Andrews was contacted for comment.

Originally published as Why new Covid-19 legal challenge against Brett Sutton flopped