CLASS ACTION – COVID-19 VACCINE RELATED INJURIES  

Instructing Solicitors NR Barbi Solicitor Pty Ltd

About this Class Action

NR Barbi Solicitor Pty Ltd has filed a class action against the Australian Government, the Department of Health and Aged Care Secretary Dr Brendan Murphy and the Deputy Secretary of Health Products Regulation Group Adjunct Professor John Skerrit (“the Respondents”) in the Federal Court of Australia on behalf of the Lead Applicant (“the Applicant”) and other Covid-19 vaccination injured parties (“Group Members”) to recover compensation for injuries obtained as a result of taking one or more Covid-19 vaccines.

The Applicant alleges that the Respondents’ actions to advance the acceptance and use of the various approved Covid-19 vaccines constitutes negligence and/or misfeasance. They further allege that such negligence/misfeasance caused class members to suffer loss or damage, including but not limited to:-

1. personal injury;
2. health care expenses;
3. additional out-of-pocket expenses;
4. economic loss;
5. the need for gratuitous care and, additionally or alternatively, commercial care; and/or
6. non-economic loss.

Recent Updates

At this time, we continue to accept registrations of interest for potential Group Members, and no deadline has yet been set by which registrations must close.

We also confirm no opt-out deadline has been set by the Court at this stage.

The following is a brief overview of the progress of this matter to date:

1. 26 April 2023: The Applicants filed an Originating Application, Statement of Claim, and Genuine Steps Statement to commence the class action;

• 28 April 2023: The Applicants filed an amended Originating Application;

• 12 May 2023: The First, Second, Third, and Fifth Respondents filed a Notice of Address for Service stating that Australian Government Solicitor acts for them;

• 24 May 2023: The Court set the initial Case Management Hearing date for 5 June 2023;

• 30 May 2023: The Fourth Respondent filed a Notice of Address for Service stating that Australian Government Solicitor acts for them;

• 30 May 2023: The Respondents sought an adjournment of the initial Case Management Hearing date to 10 July 2023 “due to the breadth of the Amended Statement of Claim and the novelty of the claims in negligence and misfeasance in public office”; and

• 31 May 2023: The Court adjourned the initial Case Management Hearing date to 10 July 2023.

• 5 July 2023: In advance of the initial Case Management Hearing, the Respondents proposed consent orders and a position paper to the Applicants and raised concerns regarding the Applicants’ Amended Statement of Claim.

• 6 July 2023:  In response to the Respondents’ proposed orders and position paper, the Applicants proposed consent orders and a joint position paper (including the Respondents’ position and adding the Applicants’ position) to the Respondents. The Respondents proposed further amendments to the consent orders.
• 7 July 2023: The parties agreed on draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the orders. As part of these orders, the initial Case Management Hearing scheduled for 10 July 2023 has been vacated. The parties will instead proceed on the basis outlined in the orders. A copy of same can be accessed here. These orders are a positive step forward as they give the Applicants the opportunity to further amend their pleadings before a Case Management Hearing occurs on 20 November 2023.
• 11 August 2023: The parties agreed on amended draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the new orders. The new orders amend the orders of 7 July 2023 by moving each deadline back by two weeks. This change was proposed by the applicants to allow Counsel for the applicants more time to amend the Statement of Claim. A copy of the amended orders can be accessed below. The Case Management Hearing will now take place on 4 December 2023.
• 4 September 2023: The parties agreed on draft consent orders and proposed them to His Honour, Nicholas, J. The new orders amend the orders of 7 July 2023 with the following; The date in order 2 of the Consent Order dated 7 July 2023 (“the Order”) be amended to 18 September 2023. The date in order 3 of the Order be amended to 30 October 2023. The date in order 4 of the Order be amended to 27 November 2023. Orders 5 and 6 are vacated and replaced with the following orders: The respondents file any interlocutory application for security for costs, summary judgment or strike out by 15 February 2023; The matter be listed for case management at 9:30 am on 4 March 2024 to timetable the interlocutory applications for hearing. The parties are to send any proposed minutes of order to the associate to Justice Katzmann by 4.00 pm on 22 February 2024. A copy of the amended orders can be accessed below.
• 16 October 2023: The parties agreed on amended draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the new orders. The new orders amend the orders of 4 September 2023 by moving each deadline back by two months. This change was proposed by the respondents to allow Counsel for the respondents more time to provide a request for further and better particulars. A copy of the amended orders can be accessed below.
• 13 November 2023: The parties agreed on amended draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the new orders. This change was proposed by the applicants to allow Counsel for the applicants more time to prepare a response. A copy of the amended orders can be accessed below
• 14 December 2023: The parties agreed on amended draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the new orders. This change was proposed by the applicants to allow Counsel for the applicants more time to prepare a response. These orders were that; The date in order 2 of the orders made on 13 November 2023 be amended to 7 February 2024. The date by which the respondents are to file and serve any interlocutory application for security for costs, summary judgement or strike-out be extended to 22 February 2024. The date by which the parties are to send any proposed minutes of order to the Court be extended to 29 February 2024. The next case management meeting remains listed at 4 March 2024.
• 9 February 2024: The parties agreed on amended draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the new orders. This change was proposed by the applicants to allow Counsel for the applicants more time to prepare a response to the respondents requests for further particulars. These orders were that; The date in order 2 of the orders made on 13 November 2023 be amended to 1 March 2024. The date by which the respondents are to file and serve any interlocutory application
  for security for costs, summary judgement or strike-out be extended to 12 April 2024. The first case management meeting was listed at 12 April 2024.
• The first Case Management Hearing took place in the Federal Court in Sydney on 12 April 2024 before Her Honour, Justice Katzmann. The Hearing went as expected, dealing with procedural matters as to how the matter will proceed and when the parties may next appear in court. Following the Hearing, orders were made by Her Honour Justice Katzmann and a copy of those orders can be accessed below. The orders set out the timeline for the matter moving forward.
• On 12th April 2024 the respondents filed their application for strike out, summary judgement/dismissal and costs security
• The respondents were to provide submissions in relation to these applications by 18th October
• The applicants are currently preparing submissions in response and these are required to be filed by 18th November
• An interlocutory hearing for the applications has been scheduled for 2nd and 3rd December 2024, Federal Court, Sydney before Justice Katzman
• A copy of the orders can be accessed below.

Relevant Rules

The procedural rules for class actions in the FCA are set out in:

1. Division 9.3 of the Federal Court Rules 2011 (Cth);
2. Part IVA of the Federal Court of Australia Act 1976 (Cth); and
3. The Federal Court of Australia Class Actions Practice Note GPN-CA.

You can access these documents at the following link:

Am I eligible to join this Class Action?

Class actions typically function on an ‘opt-out’ basis, meaning that all class members will be bound by the case’s outcome unless they opt-out by a date set by the Court.

You are likely to form part of the ascertainable class if you:-

If you believe you fall into one of the above categories, this means that you may be a class member.

Only class members who opt out of the proceedings may be able to commence separate but similar litigation in their state or territory. NR Barbi Solicitor Pty Ltd does not represent you in relation to separate individual claims and we recommend that you seek independent legal advice for further information about opting out or commencing your own proceedings.

If you are a class member in the class action, and you would like to be entitled to receive compensation if the proceeding is successful, it is essential that you register. Please be assured that, if you choose to register, we will not disclose your identity to any third party, including the Respondents, without your consent.

Even if you are unsure whether you are eligible, please register your interest at the above link.

To register as a Group Member and for NR Barbi Solicitor to represent you in the class action, you will be asked to enter a Client Agreement with NR Barbi Solicitor Pty Ltd. Please see the below letter for more information:

If you wish to proceed as a Group Member in the Class Action on the basis outlined in the Letter to Group Members above, we kindly ask that you complete the details for and execute the Agreement by clicking the link below:

Frequently Asked Questions

If I don’t opt out, will I be compensated?

In a class action, the initial trial involves the Court hearing evidence about the Lead Applicant’s claim to determine the factual and legal questions that are common to the lead applicant and the class members.

If the class action is successful in respect of these common questions, the rest of the class members’ individual claims will then be considered through a settlement scheme devised by the parties. Several factors are likely to impact on whether an individual is entitled to compensation, including:-

1. the findings of the Court in relation to the common questions;
2. whether an individual’s injury was caused by their taking a Covid-19 vaccine; and
3. the severity and extent of any loss or damage that has been suffered. 

A registration process must occur as part of the settlement scheme in order to identify the number and identity of class members entitled to compensation. Please register by clicking the link “Join this Class Action” above, filling out the registration form, and executing the Agreement.

Simply registering to participate in the class action does not necessarily entitle you to compensation. Where class members do not register, they are still bound by an approved settlement but will not be entitled to receive any payment.

How much compensation can I receive?

The amount of compensation that you will be entitled to will depend on your particular circumstances.

We will provide regular updates with more information about the sum that you can expect to receive.

What if I disagree with the proposed settlement?

Usually when a Court is considering a proposed settlement, class members will be given an opportunity to object to it and make submissions about it if they disagree with it. All class members will be provided with a detailed notice in advance of this opportunity which sets out the details of the proposed settlement.

What if I change my mind after registering?

Group members have a cooling off period of five days from the date of acceptance of the Client Agreement and Cost Agreement. This enables you to seek independent legal advice, discuss any questions, or withdraw from the agreement. You will receive any relevant disclosures in respect of the case when we send your Client Agreement and Costs Agreement. We will also send to you and post on this website regular updates in relation to the case. You can opt out of the proceedings at any time before the opt out date.

Is there a chance I will be liable to pay costs?

Signing up to the class action will not expose you to any upfront costs. All costs in the course of the proceeding will be borne by the Litigation Funder who has entered a separate funding agreement with the Applicant.

In the event of a successful outcome, any costs paid and/or payable to N R Barbi Solicitor Pty Ltd will be deducted from any compensation that you’re entitled to receive. More details will be provided in relation to this in the Costs Agreement (accessible after completing the registration form). All such costs are required to be considered and approved by the Court.

The “loser-pays” rule applies to class actions in Australia, meaning that the Court will usually order the unsuccessful party to pay the costs of the successful party. These costs include court filing fees, copying charges, other out-of-pocket expenses, and lawyers’ professional fees. In the event of that the Applicant is unsuccessful, the Litigation Funder will bear the cost liability. You can view a copy of the Litigation Funding Agreement that has been entered between the Funder and the Applicants at the following link:

Costs recoverable by the successful party are generally calculated by reference to a court scale, which invariably limits the amount a successful party can claim for disbursements and services performed by their lawyers.

You can access this scale at the following link: FEDERAL COURT RULES 2011 – SCHEDULE 3 Costs allowable for work done and services performed (austlii.edu.au).

Media Enquiries: media@covidvaxclassaction.com.au