Constitutional deconstruction … The anti-mask, no jabs brigade looks to the outer reaches of the law for support … Freedom-loving conspiracy theorists fighting tyranny and trolls … GoFundMe’s cash sprinkler … Bill Gates to blame … Alan Zheng reports from the frontline
Following the Victorian Government’s announcement that face masks would be mandatory in metro Melbourne and the Mitchell Shire, G&B Lawyers took to its Facebook page in protest.
In a post which echoed William Wallace’s haunting cry, prior to being hanged, drawn and quartered – “they may take our lives, but they will never take our freedom” – the firm advised Victorians not to wear masks, relying on the “they can’t fine us all” defence.
“Free legal advice to all Victorians. Don’t wear a mask. Get a $200 fine then elect to have it determined in court.
Every single one of you 6.359 million Victorians can challenge the fines in court. The Victorian government won’t fight you in court. It is far too expensive for them to do so.”
G&B swiftly followed with a job advertisement for a “criminal lawyer based in Victoria” with “experience challenging fines in court”. The two person firm has offices in Sydney and Wollongong, but nothing in Victoria.
After the post was pulled on Tuesday (July 21) following a request from the NSW Law Society, G&B partner Nathan Buckley – a former ASIC staffer – wrote a message to his “supporters and detractors”:
“At the request of the NSW Law Society, I, Nathan Buckley, partner of G&B Lawyers have removed the post regarding the Victorian government’s decision to mandate the wearing of a face mask which is yet to commence.
I take full responsibility and accountability for the post that has made media attention worldwide.
It was not the provision of legal advice.
It was the expression of my own personal political beliefs. As a citizen of Australia I have an implied freedom of political communication which is protected by the Constitution.
My position remains that any law that attempts to mandate the wearing of a face mask in Australia is unlawful and in breach of the Constitution.
This is my own political belief. It is not an expression of law or the provision of legal advice from G&B Lawyers.
Thank you for understanding.
Regards,
Nathan Buckley”
That didn’t stop many Facebook users leaving low ratings on G&B Lawyers’ socials, spiralling into a one-star rating on Facebook and Google, although those ratings are now hidden.
Buckley issued a directive, asking users to “do us a favour and give us a decent review on Facebook and Google. Too many trolls dragging us down”.
That post has since been deleted. For self-proclaimed lovers of litigation, trolls have been too much for G&B.
Undeterred by the angry mob in the comments section, Buckley has some arguments up his sleeve, although unpacking them convincingly proved difficult.
Buckley’s constitutional argument seems to be that the mask mandate would fall foul of section 117 of the Constitution which protects residents of states from discrimination on the basis of residence, although the biggest hurdle would probably be the paucity of s.117 jurisprudence.
He has also suggested the Victorian public health order would be inconsistent with federal legislation, namely the Disability Discrimination Act (DDA), and could be rendered inoperative as unlawful discrimination.
The relevant discrimination, Buckley believes, is that the mask requirement discriminates against non-mask wearers on suspicion that they are carrying an infectious disease.
Whether the argument has legs would depend on whether the requirement for mask wearing is reasonably necessary under the exemption in section 48 of the DDA.
If shown to be unnecessary, the exemption would not apply and the Victorian public health order could be unlawful discrimination in theory. Yet, it would still need to be shown that the discrimination applied in some concrete realm of life, such as refusing access to premises for non-wearers, as retailers like Myer have done. This is premised on the view that all non-mask wearers have a disability for the purposes of the DDA.
At least one shopper at Bunnings in Victoria seems to have caught the vibe …
It’s a topic of some passion for Buckley who started a GoFundMe page in May calling for an end to the lockdowns and reopening of the borders.
Many of his donors deploy the eerie vernacular of sovereign citizens, variously terming the lockdown a breach of the Victorian Charter of Human Rights, a crime against humanity and tyranny – perhaps all at once.
Videos have emerged of “sovereign citizens” channelling their righteous fury against Greg from Bunnings, citing international human rights documents and proclaiming their status as “living persons” before being dragged away in a paddy wagon.
Qaren doesn’t believe in being arrested. pic.twitter.com/mmNsxwILOX
— cam smith (@sexenheimer) July 26, 2020
As at Monday (July 27), the GoFundMe campaign has raised over $12,000 of its $1 million dollar target, but Buckley’s recent fame should to send the number upwards.
“People are being told to wear masks when all the evidence clearly states that masks are useless. Masks represent oppression … If we do not raise a sufficient enough amount to commence a High Court challenge, all funds will be refunded to you or you may direct that your donation be put towards one of our other Go Fund Me campaigns.”
This is not the first time Buckley has had his name in lights.
In January this year, he was reprimanded by the NSW Office of the Legal Services Commissioner for unsatisfactory professional conduct, namely, “act[ing] unethically in the course of legal practice by sending correspondence which was threatening, abusive and/or discourteous”.
The crowdfunding approach would appear to be a key tool of G&B’s revenue stream. Buckley has raised nigh on $100,000, with challenging “no jab, no play” laws in South Australia and federally.
G&B has published a photograph of part of counsel’s advice which indicated the challenge to the “no jab, no play” laws as inconsistent with the DDA and possibly invalid under s.109 was “clearly arguable”.
It is presumably on this basis that the law shop is seeking an injunction to freeze the commencement date of the “no jab, no play” laws in SA.
Those laws require all children to satisfy immunisation requirements in order to be enrolled in childcare or kindergarten, except where a medical exemption applies.
In the past, Buckley has acted for employees in aged care homes dismissed for not having a flu vaccination.
An eclectic mix of anti-vaxxers, conspiracy theorists and sovereign citizens forms the donor ranks behind this cause too, gravitating towards Buckley’s promise to get “outcomes to overthrow the tyranny”.
One Graham Lyons, who pitched in $100, had this to say.
“Congratulations on this crucial initiative. We all know that mandated vaxx is illegal under both the Australian Constitution and the findings from the Nuremberg War Crimes Trials, but ‘our’ government will impose it anyway in the absence of a legal challenge. What will come next? Mandated vaxx for all for the ‘dangerous, novel coronavirus’ that doesn’t even exist? So what will this vaxx include, apart from the usual poisons? The psychopath Gates’s nano ID chip!”
Here’s a collection of the best and brightest of G&B’s Facebook posts.
That’s not all. G&B Lawyers has circulated links to everything from Paul Murray’s Sky News program, petitions railing against mandatory vaccinations for coronavirus as well as webinars with discredited Professor Dolores Cahill, who made false claims that COVID-19 could be prevented with extra vitamins and people who recovered from COVID-19 would be “immune for life.”
At the moment the virus is raging in Victoria, which has recorded over 8,180 cases as of Monday (July 27) with 71 deaths. Confirmed cases in Australia stand at 14,403 and a national death toll of 155 (July 27).
Clients looking to save on doctors fees can find medical-cum-legal advice at G&B Lawyers and get a decent bang for their Buckley.