Um… I personally find it disappointing that the lawyers hired to do this class action decided to write a statement of claim that’s 819 pages long. It’s roughly 170K words and that might take 16 hours to read (or 2 work days). The judge expressed her unhappiness with the length when ruling against the vax injured plaintiffs:
Still, the pleading remains prolix [prolix = tediously lengthy]. The latest version, the third further amended statement of claim (3FASOC), is 819 pages long. It is dense and extremely difficult to follow. Substantial parts of it are impenetrable.
Rose v Secretary of the Department of Health and Aged Care [2025] FCA 339
So, she is actually roasting the lawyers’ work by saying that many parts are impossible to understand (‘impenetrable’).
This class action is probably doomed unless the plaintiffs find competent counsel. And even then… their case may be dubious.
- The plaintiffs don’t really know who was responsible for Australia’s decision making regarding the vaccines.
- Under Australian law, public officials are protected persons. The judge explained that the plaintiffs would have to claim and prove that the public officials acted in bad faith- in which case the protection does not apply.
The judge expressed her doubts about the plaintiffs’ case:
Although I have grave doubts about whether the applicants can mount a reasonably arguable case, the difficulty in seeing the wood for the trees in the current pleading means that I cannot rule out the possibility that there is such a case at least against one of the respondents.
The bottom line
Over half a million Australian dollars have been raised. Unfortunately, the class action has turned out to be a dumpster fire.
Welp.
More coverage
See Maryanne Demasi’s blog.