Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fidge v Pfizer Australia Pty Ltd [2024] FCA 161 File number: VID 510 of 2023
Judgment of: ROFE J
Date of judgment: 1 March 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory applications for summary dismissal under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a), (c) and (d) of the Federal Court Rules 2011 (Cth) – applicant alleges that the respondents' Covid-19 vaccines are, or contain, genetically modified organisms (GMOs) and should have been licenced under the Gene Technology Act 2000 (Cth) – whether the applicant has standing to seek an injunction pursuant to s 147(1) of the Act as "any other aggrieved person" – whether the intended scope and purpose of the Act is to regulate risks to the end user or recipient of a GMO product, in particular the safety and efficacy of a therapeutic GMO product — held: scope of the Act is confined to regulating specific "dealings" (as defined in the Act) with GMOs that pose a biosafety risk to people or the environment, and that the Act is intended to operate in a broader regulatory landscape with other statutes – held: standing under s 147(1) confined to persons aggrieved by the specific conduct regulated by the Act which could constitute an offence under that legislation – authorities on standing considered – whether standing can be established as a "necessary incident" of the applicant's vocation as a medical practitioner, pursuant to Ogle v Strickland (1987) 13 FCR 306 – standing not established – applications for summary dismissal allowed.
Legislation: Administrative Appeal Tribunal Act 1975 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Customs Act 1901 (Cth) Federal Court of Australia Act 1976 (Cth) Gene Technology (Consequential Amendments) Act 2000 (Cth) Gene Technology Act 2000 (Cth) Judiciary Act 1903 (Cth) Therapeutic Goods Act 1989 (Cth) Trade Marks Act 1995 (Cth) Federal Court Rules 2011 (Cth) Archaeological and Aboriginal Relics Preservation Act 1972 (Vic)
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