An Australian nurse and former women’s AFL player has lost a high-profile challenge to Covid-19 vaccine mandates after a court found them “hypothetical”.
Former Adelaide Crows player Deni Varnhagen led the challenge after losing her job as a nurse last year for refusing to be stung, despite South Australia’s Emergency Management Act requiring healthcare workers to be vaccinated.
On Tuesday, Supreme Court Justice Judy Hughes ruled the case was “hypothetical and unworkable” after the state lifted the emergency declaration earlier this year.
“The impugned administrative acts that are being challenged in the main proceedings are no longer effective in the challenged form,” said Justice Hughes.
The case of inactive AFLW player Deni Varnhagen (pictured arriving at South Australia’s Supreme Court) against mandatory vaccination requirements in South Australia has been dismissed after a judge found it “hypothetical and unusable”.
Judge Hughes also ruled against Varnhagen on important legal issues related to the transfer of vaccination requirements for health workers into public health laws.
She said that the transfer issued by the SA Parliament was valid.
Varnhagen was initially joined by five other people, another nurse, an educator, a teacher and two police officers.
But only one of them, fellow sister Courtney Millington, continued with the case.
The case began in December last year but was closed five months later due to repeated delays – after Parliament passed new legislation that overtook the emergency mandate.
The new laws meant that any challenge to the previous mandate was no longer valid.
Ms Varnhagen and Ms Millington’s lawyer, Stuart Lindsay, said they would appeal the decision to the Court of Appeal.
“This was not a decision on the strength or the opposite of our bid, we say it was always a strong and meritorious and legally sound bid,” Mr Lindsay said outside court.
“We asked for obvious cost reasons. This is a publicly funded litigation. But also because the legal issues involved are so new.”
The two-time Premiership winner, who is also a nurse, was placed on the Adelaide Crows inactive list last season after refusing Covid-19 vaccinations (pictured Deni Varnhagen during the AFLW Grand Final game between the Crows and Carlton Blues at Adelaide Oval, Adelaide in 2019)
During the Supreme Court hearings, Varnhagen argued that she could not make an informed decision about the effectiveness or safety of any of the three available COVID-19 vaccines.
“I believe that the instructions leave me no choice as to whether to receive a COVID-19 vaccine,” she claimed.
“I believe I will be forced to do this in order to keep my job.”
Ms Varnhagen vowed to keep fighting, telling reporters outside the court: “It’s not over, that’s for sure.”
The two-time Premiership winner was placed on the Crows’ inactive list last season after refusing Covid-19 vaccinations.
The AFL required all players to be fully vaccinated – a requirement that was lifted in July of this year.
https://www.soundhealthandlastingwealth.com/health/adelaide-crows-player-deni-varnhagen-has-covid-19-vaccination-mandate-case-dismissed/ Adelaide Crows player Deni Varnhagen has dismissed the Covid-19 vaccination order case