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IN THE HIGH COURT OF AUSTRALIA

MELBOURNE OFFICE OF THE REGISTRY No. M of 2020

BETWEEN:

Gerrit Hendrik Schorel-Hlavka Plaintiff

COMMONWEALTH OF AUSTRALIA

And

The Hon. Mr Scott Morrison

Prime Minister Defendant 1

The Hon. Mr Greg Hunt

Minister for Health Defendant 2

STATE OF VICTORIA,

The Hon. Daniel Andrews

Premier of Victoria Defendant 3

The Hon. Martin Foley

Minister for Health
Minister for Ambulance Services
Minister for the Coordination of Health and Human Services: COVID-19 Defendant 4

The Hon. Lisa Neville

Minister for Water
Minister for Police and Emergency Services
Minister for the Coordination of Environment, Land, Water and Planning: COVID-19 Defendant 5

ON THE MATTER OF AN (EX PARTE) APPLICATION FOR

WRIT OF PROHIBITION AND CERTIORARI AND MANDAMUS

DRAFT ORDER NISI

The plaintiff applies for the relief set out in Part 1 on the grounds set out in Part II
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Justice :
DATE and PLACE of hearing;
Date of orders ;
Where made ;

Part I: ORDERS SOUGHT

1. The defendants DO SHOW CAUSE why a WRIT OF PROHIBITION should not be
issued out of this court directing the defendants
(i) not to commence and/or continue with conduct in violation of the Biosecurity
Act 2015 (Cth) including but not limited to S.60, S.83, S.87, S.88, S.90, S.91,
S.92, S.474, S.475, S.477(4), S. 477(5), S. 477(6), S.478(3)
(ii) not to engage in compulsory vaccination programs in regards to any citizen in
the State of Victoria in violation of Biosecurity Act 2015 (Cth)
(iii) not to use any State of Emergency / State of Disaster for the State of Victoria
regarding an alleged disease(s) in violation of the Biosecurity Act 2015 (Cth)
(iv) to cease creating a standing army including the hiring or utilising the services
of a private police/ protection force known as ‘Strong Cities Network’, or any
similar organisation whatsoever in violation of S. 114 of the Commonwealth
of Australia Constitution Act 1900 (UK)
(v) not to violate S.92 of the Commonwealth of Australia Constitution Act 1900
(UK)
(vi) not to violate S.114 of the Commonwealth of Australia Constitution Act 1900
(UK)
(vii) not to violate S.117 of the Commonwealth of Australia Constitution Act 1900
(UK)
(viii) not to violate S.119, of the Commonwealth of Australia Constitution Act 1900
(UK)
(ix) not to compel individuals and citizens of Victoria to wear a face mask or other
such covering in violation of S.88 of the Biosecurity Act 2015 (Cth)
(x) not to compel individuals and citizens of Victoria to ‘social distance’ by a
minimum 1.5m or there about
(xi) not to impose a curfew and/or lockdown or other limits of distances on
individuals and citizens of Victoria other then by a order of a competent court
of law
(xii) not to prevent individuals and citizens of Victoria from trading in their usual
manner in violation of Common Law and in violation of Public Health and
Wellbeing Act and/or other Commonwealth and/or State legislation for so far
applicable
(xiii) not to compel individuals and citizens of Victoria to undergo medical testing
for SARS-CoV-2 in violation of the Biosecurity Act 2015 (Cth)
(xiv) not to prevent individuals and citizens of Victoria from peaceful protest in
violation of articles 21 and 22 International Covenant on Civil and Political
Rights (ICCPR)
(xv) not to prevent individuals and citizens of Victoria from peaceful gathering in
violation of articles 21 and 22 of the International Covenant on Civil and
Political Rights (ICCPR)
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(xvi) not to restrict individuals and citizens of Victoria from freely moving within
and/or outside the State of Victoria in violation of Biosecurity Act 2015 (Cth)
(xvii) not to prevent individuals and citizens of Victoria from leaving the State in
contravention of Commonwealth of Australia Constitution Act 1900 (UK) S.
92 and Biosecurity Act 2015 (Cth)
(xviii) not to prevent any individual from entering the State in contravention of
Commonwealth of Australia Constitution Act 1900 (UK) S.92, S.117 and
Biosecurity Act 2015(Cth)
(xix) not to provide false and/or misleading reports of SARS-CoV-2 infections to
any person or media
(xx) not to provide false and/or misleading reports of SARS-CoV-2 deaths to any
person or media
(xxi) not to publish exaggerated and /or misleading information and/or reports
regarding SARS-CoV-2 in the media
(xxii) not to instruct or encourage website hosts / domain hosts / social media to
censor, delete, block, hinder or otherwise, any websites and/or social media
users on their freedoms of speech and expression in violation of common law
and relevant human rights

2. The defendants DO SHOW CAUSE why a Writ of CERTIORARI should not be

issued out of this court directing the defendants to
(i) provide all the information upon which they relied to reach their decision and
take the subsequent actions that led to violations of the Biosecurity Act 2015
(Cth) including but not limited to Sections S.60, S.83, S.87, S.88, S.90, S.91,
S.92, S.474, S.475, S.477(4), S.477(5), S.477(6), S.478(3)
(ii) to provide all the information upon which they relied to reach their decision
and take the subsequent actions, directives and/or programs to initiate
compulsory vaccination in regard to any citizen in the State of Victoria
(iii) to provide all the information upon which they relied to reach their decision
and take the subsequent actions and declare a State of Emergency / State of
Disaster for the State of Victoria regarding SARS-CoV-2
(iv) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to justify their actions in creating a standing
army, including the hiring or utilising the services of a private police/
protection force known as ‘Strong Cities Network’, or any similar
organisation whatsoever, in the State of Victoria
(v) to provide all the information upon which they relied to reach their decision
and take subsequent actions in violation of S.92 Commonwealth of Australia
Act 1900 (UK)
(vi) to provide all the information upon which they relied to reach their decision
and take subsequent actions in violation of S.114 Commonwealth of Australia
Act 1900 (UK)
(vii) to provide all the information upon which they relied to reach their decision
and take subsequent actions in violation of S.117 Commonwealth of Australia
Act 1900 (UK)
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(viii) to provide all the information upon which they relied to reach their decision
and take subsequent actions in violation of S.119 Commonwealth of Australia
Act 1900 (UK)
(ix) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to compel individuals and citizens of Victoria
to wear a face mask
(x) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to compel individuals and citizens of Victoria
to ‘social distance’ by a minimum 1.5m
(xi) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to impose a curfew on individuals and citizens
of Victoria
(xii) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to prevent individuals and citizens of Victoria
from trading in their usual manner
(xiii) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to compel individuals and citizens of Victoria
to undergo medical testing for SARS-CoV-2
(xiv) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to prevent individuals and citizens of Victoria
from peaceful protest
(xv) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to prevent individuals and citizens of Victoria
from peaceful gathering
(xvi) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to restrict individuals and citizens of Victoria
from freely moving within the State of Victoria
(xvii) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to prevent individuals and citizens of Victoria
from leaving the State
(xviii) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to prevent any individual from entering the
State
(xix) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to provide false and/or misleading reports of
SARS-CoV-2 infections to the public and media
(xx) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to provide false and/or misleading reports of
SARS-CoV-2 deaths to the public and media
(xxi) to provide all the information upon which they relied to reach their decision
and take the subsequent actions to publish exaggerated and /or misleading
information and/or reports regarding SARS-CoV-2 on government websites
(xxii) to provide all the information upon which they relied to reach their decision
and take the subsequent action to instruct or encourage website hosts / domain
hosts / social media, to censor, delete, block, hinder or otherwise, any
websites and/or social media users on their freedoms of speech and expression
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(xxiii) to assist the plaintiff to be able to execute/conduct/perform any and all

requirements as provided for by the Rules of the Court and avoid any undue
delays/obstruction to the plaintiff in that regard.

3. The defendant DO SHOW CAUSE why a Writ of MANDAMUS should not be issued
out of this court directing the defendants
(i) to cease violations of Sections S.60, S.83, S.87, S.88, S.90, S.91, S.92, S.474,
S.475, S.477(4), S. 477(5), S. 477(6), S.478(3) of the Biosecurity Act 2015
(Cth)
(ii) to retract the declaration of State of Emergency / State of Disaster for the
State of Victoria regarding SARS-CoV2
(iii) to cancel all agreements between them and any standing army, including the
services of a private police/ protection force, including any group known as
‘Strong Cities Network’, or any similar organisation whatsoever, and prevent
their entry into the State of Victoria
(iv) to cease violation of S.92, S.114, S.117, S.119, of the Commonwealth of
Australia Act 1900 (UK)
(v) to revoke the compulsory order for healthy citizens of Victoria to wear a face
mask
(vi) to revoke the order compelling individuals and citizens of Victoria to ‘socially
distance’ by a minimum 1.5m (or such distance that may be directed)
(vii) to revoke the order imposing a curfew on individuals and citizens of Victoria,
and/or preventing any further such curfew to be implemented/enforced
(viii) to revoke any orders or directives to prevent any individuals or citizens of
Victoria to trade in their usual manner
(ix) to revoke any order or directives compelling individuals and citizens of
Victoria to undergo medical testing for SARS-CoV-2
(x) to revoke any orders or directives prohibiting individuals and citizens of
Victoria from peaceful protest
(xi) to revoke any orders or directives prohibiting individuals and citizens of
Victoria from peaceful political and/or other gathering
(xii) to revoke any order or directive restricting the movement of individuals and
citizens of Victoria who are uninfected with SARS-CoV-2 from freely
moving within the Commonwealth
(xiii) to present true and accurate figures of SARS-CoV-2 infections to the public
and media
(xiv) to present true and accurate figures to the public and media of individuals
whose deaths arise primarily from SARS-CoV-2 and not merely detecting the
presence of antibodies in the blood
(xv) to amend all government websites and any other affiliated public forums, and
all media outlets, which have inaccurate or misleading reports concerning
SARS-CoV-2
(xvi) to retract and/or revoke any direct and/or indirect demands, conditions,
request or instruction to any website hosts / domain hosts / social media, to
censor, delete, block, hinder or otherwise, any websites and/or social media
users on their freedoms of speech and expression
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(xvii) to order the state and federal police to cease persecuting individuals on the
grounds of ‘incitement’ to ignore any of the Chief Health Officer’s directives
referred to in these proceedings
(xviii) to provide written notice to comply with any order in accordance with their
obligations under Public Health and Wellbeing Act 2008 and Biosecurity Act
2015 (Cth)

Part II: Statement of grounds

The grounds upon which the application is based relies on the powers and restrictions
conferred on the defendants via the following Acts and the defendants’ breach, failure
to comply with, and/or, misfeasance and malfeasance of said Acts, being;

(i) Commonwealth of Australia Act 1900 (UK)

In particular, section 92, 114, 116, 117, 119

(ii) Biosecurity Act 2015 (Cth)

In particular, those dealing with personal rights and legal requirements
applicable by the Federal Minister for health directions/decisions

(iii) Public Health and Wellbeing Act 2008

In particular, those purportedly used regarding “man-kind” diseases violating
the Commonwealth of Australia legislative powers including the Biosecurity
Act 2015 (Cth)

(iv) International Charter of Human Rights

(v) Such further and other legal provisions that may be applicable, including
Authorities

Part III: Appropriate Jurisdiction

The matters raised in this application include constitutional ruling and require the
matter to be listed and heard in the High Court.

Part IV: Brief statement of the factual background

Between October 2019 and December 2019, the World Health Organisation (W.H.O)
released information to governments throughout the world concerning an influenza-
type virus referred to as SARS-CoV-2, together with recommendations.
In January 2020, Scott Morrison PM, announced to the Australian population the
country was in the midst of a ‘pandemic’.
In March 2020, Daniel Andrews, Premier of Victoria, declared a State of Emergency.
Contemporaneously, Brett Sutton, Victorian Chief Health Officer (C.H.O), was
martialled to oversee and direct the operations under the powers vested in him under
the Biosecurity Act 2015 and/or Public Health and Wellbeing Act 2008.
In that capacity, the C.H.O and the Victorian Premier, amongst others, announced
certain restrictions upon Victorians between March 2020 and September 2020. These
restrictions include but are not limited to;
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(i) Closure of businesses

(ii) Restrictions on free movement of individuals throughout the State
(iii) Restrictions on peaceful gatherings
(iv) Requiring individuals to remain at least 1.5m apart from others
(v) Mandatory requirement of citizens to wear face coverings / masks
(vi) Mandatory and forced testing of citizens for infection of SARS-CoV-2
(vii) Restriction of movement of citizens across State borders
(viii) Gave instructions to medical practitioners and coroners to include information
about SARS-CoV-2 on death certificates
(ix) Published via mainstream media and others, information about alleged
infections and alleged deaths from SARS-CoV-2
In particular, see Affidavit and Exhibit(s)

Part III: Appropriate Jurisdiction

The matters raised in this application include constitutional ruling and require the
matter to be listed and heard in the High Court.

Part IV: Brief statement of the factual background

Between October 2019 and December 2019, the World Health Organisation (W.H.O)
released information to governments throughout the world concerning an influenza-
type virus referred to as SARS-CoV-2, together with recommendations.
In January 2020, Scott Morrison PM, announced to the Australian population the
country was in the midst of a ‘pandemic’.
In March 2020, Daniel Andrews, Premier of Victoria, declared a State of Emergency.
Contemporaneously, Brett Sutton, Victorian Chief Health Officer (C.H.O), was
martialled to oversee and direct the operations under the powers vested in him under
the Biosecurity Act 2015 and/or Public Health and Wellbeing Act 2008.
In that capacity, the C.H.O and the Victorian Premier, amongst others, announced
certain restrictions upon Victorians between March 2020 and September 2020. These
restrictions include but are not limited to;

(i) Closure of businesses

(ii) Restrictions on free movement of individuals throughout the State
(iii) Restrictions on peaceful gatherings
(iv) Requiring individuals to remain at least 1.5m apart from others
(v) Mandatory requirement of citizens to wear face coverings / masks
(vi) Mandatory and forced testing of citizens for infection of SARS-CoV-2
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(vii) Restriction of movement of citizens across State borders

(viii) Gave instructions to medical practitioners and coroners to include information
about SARS-CoV-2 on death certificates
(ix) Published via mainstream media and others, information about alleged
infections and alleged deaths from SARS-CoV-2

(x) Imposed curfews

(xi) Quarantined large sections of healthy citizens

(xii) Quarantined large sections of Victoria
(xiii) Closure of schools
(xiv) Imposed fines for non-compliance and implored the Police to enforce their
edicts and arbitrary rules
(xv) Incurred billions of dollars of debt by way of loans
All the while concealing from the public, and any lay enquirers, the
information upon which they relied in making these decisions.

(x) Restricting directly/indirectly medical services which has prevented my 87

year old wife who suffers heart failure and other underlying health problems
to have appropriate medical care where physical face to face appointments has
to be conducted via telehealth consultations and other in person appointments
cancelled causing considerable distress to my wife that in her medical/health
situation aggravates her conditions.

(xi) That in my view the issue of interim EX PARTE orders are justified as to
avoid a protracted hearing that might be too late for my wife to obtain any
benefits such as appropriate medical care she now requires.

(xii) Such further and other issues as outlined in my Affidavit in support of this
Application

Part V: A brief statement in support of the application

That this is a matter of extreme urgency and of “PUBLIC INTEREST”.

The Commonwealth of Australia Act 1900 (UK) together with the Public Health and
Wellbeing Act 2008 and Biosecurity Act 2015 (Cth) impose strict protocol and
limitations on the governments’ powers in the event of a biosecurity health risk, and
in the general day-to-day monitoring of public health and safety.
The defendants’ actions in declaring a State of Emergency, then State of Disaster,
then ordering ‘social distancing’, compulsory mask wearing, curfews, lockdowns,
restrictions of movement, medical testing, and the preparation and dissemination of
false and misleading information concerning the
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(i) number of infections of SARS-CoV-2

(ii) number of deaths directly caused by SARS-CoV-2
(iii) impinging on the rights of individuals to report evidence to the contrary
constitutes misfeasance and malfeasance of their duties, and an abuse of
their position.
The actions of the defendants directly caused financial harm to hundreds of
thousands of citizens through job loss and forced business closures.
The compulsory imprisonment of citizens in their homes and the forced
wearing of face masks and undergoing of medical testing / procedures is a
gross impingement on individuals’ human rights, civil rights and common
law rights, which caused physical and psychological harm to recipients of
the governments’ dictates.
The misfeasance and malfeasance of the defendants further diminish the
social and financial standing of the State and Commonwealth and its citizens
by taking hundreds of billions of dollars in loans under the pretext of
‘supporting and stimulating the economy’ which was not in need of any such
support or stimulation prior to the defendants forced lockdowns and
closures.

Part VI: In the event the application is refused

An order for costs should not be made in favour of the defendant, as the applicant is a
pensioner residing in the State of Victoria.

Part VII: [A list of the authorities on which the plaintiff relies, identifying the paragraphs at
which the relevant passages appear.]

Part VIII: Constitutional provisions, statutes and statutory instruments applicable to the
application

(i) Commonwealth of Australia Act 1900 (UK)

(ii) Biosecurity Act 2015 (Cth)
(iii) Public Health and Wellbeing Act 2008
(iv) International Charter of Human Rights

(v) Such further and other issues as outlined in my Affidavit in support of this
Application
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Dated 11 October 2020

..............................................
Plaintiff

To: The Defendants:

Commonwealth of Australia Government Solicitors (Defendants 1 & 2)

State of Victoria Government Solicitors (Defendants 3, 4 & 5)

TAKE NOTICE: Before taking any step in the proceeding you must, within 14 DAYS from service
of this application enter an appearance and serve a copy on the plaintiff.

The plaintiff is self-represented.

A copy of this order nisi and all affidavit and exhibits be served upon the Respondents within
seven days (or longer in the circumstances prevailing) but as soon as practicable considering the
restriction enforced of the date hereof by leaving copies with the Victorian Government
Solicitors as well as the Australian Government Solicitors offices in MELBOURNE

(Deputy) Registrar