Latest AVN legal fundraiser to scoop up orphan donors

At the end of June this year I posted on a dubious-looking legal fundraising campaign announced by the Australian Vaccination-risks Network. They were, apparently, proposing private action against Australia’s federal health minister, Greg Hunt, and injunctive relief against the federal government.

It was not surprising to learn they were claiming the COVID-19 vaccine rollout was an experiment and must be stopped. The full 18 June letter to Hunt and Mark Butler MP is here. They had given Greg Hunt seven days to respond, and in the post I included part of their demands:

If you do not respond or if your response once again does not address our concerns, we would feel that we have no option but to consider legal action against you yourself, Minister Hunt, in the form of a private prosecution and against the Government to seek injunctive relief to immediately stop this current experiment on the Australian population…

Hunt, of course, did not respond. Meryl Dorey announced on the eve of day seven that, absent his response, a page would be set up for donations and legal action would proceed. Or rather it would if “our solicitors and lawyers and barristers say we are going to proceed”. What followed was… well, nothing. Or rather, nothing from deep in the AVN bunker. One suspects that this is because other actors, planning legal action against COVID public health initiatives, were drawing significant funds from motivated donors.

The AVN is an anti-vaccine pressure group with a history of dubious legal fundraising schemes. Last year all roads led to funding their Vaxxed bus tour. This has long since ground to a halt, as Meryl Dorey struggles to reinvent herself, yet again, to sell the unsuspecting the same decades old packages of vaccine disinformation. Dorey attracts reasonable numbers to her Facebook videos but this isn’t an income stream. One suspects the AVN is keen for an injection (pun intended) of donor dollars.

Recent failed COVID legal challenges

In June 2020, COVID conspiracy lawyer Nathan Buckley’s popularity grew when he advised Victorians to ignore lockdown directives. Eleven long months before AVN thought to raise money for COVID related legal challenges, Buckley had already suggested up to $10 million would be needed for a High Court challenge against Australia’s lockdowns. He further used the AVN playbook to propose action against flu vaccine legislation and No Jab No Play laws in South Australia. At the end of July 2021 he was still attracting attention in mainstream media.

Nathan Buckley reportedly raised over $575,000 via crowdfunding, to challenge vaccine mandates and public health orders related to COVID-19. An October report suggested he had raised $700,000. Both lawsuits brought before the NSW Supreme Court, targetting NSW health minister Brad Hazzard were dismissed by Justice Robert Beech-Jones on Friday 15 October. Buckley’s bizarre social media posts attacking Justice Beech-Jones and misrepresenting his findings, contributed to his suspension from the NSW Law Society. For the AVN, this meant Buckley’s generous donors were potentially available.

The efforts of Tony Nikolic and Matthew Hopkins of AFL Solicitors have also attracted a great deal of attention and donor dollars. Nikolic targeted Brad Hazzard and Chief Health Officer Kerry Chant. At one point antivaxxers contributed by publishing misrepresentations of evidence given by Kristine Macartney, the director of the National Centre for Immunisation Research and Surveillance. The NCIRS published a statement addressing each item in the falsified court transcript. AFL solicitors, who had brought one of the suits, were moved to reject those antivax claims on Telegram.

After these cases had all failed, AFL and G&B joined forces in an attempt to force Australia’s Prime Minister to apologise outside the Polish embassy for “deceiving” Australians. The chosen location for the apology was based on COVID conspiracy theorists belief that “Polish government officials” had protested outside the Australian embassy in Warsaw. In fact the protest was not by government officials but members of a far-right political party, with a history of spreading COVID-19 misinformation and conspiracies. In another case challenging the human rights of vaccine mandates, Marcus Clarke QC representing plaintiffs, unsuccessfully called on Justice Melinda Richards to excuse herself from the trial.

Serene Teffaha of Advocate Me, reportedly raised over $654,000 before her practising certificate was cancelled in April this year. Even after this, her efforts continued to divert funds for vague and futile legal efforts, away from the AVN. Finally, Maatouks Law Group raised close to $100,000 for a NSW class action. At the beginning of September, Cam Wilson’s article in Crikey listed the main players crowdsourcing funds for eventually hopeless legal gambles. He rightly noted it’s not illegal to test the authority of public health restrictions. The text of his article captures the absence of transparency available to donors regarding the quality and integrity of expenditure decisions. There are many other examples, and appeals are still being heard.

That organised, well funded action based upon disinformation and rampant conspiracy theories, stewing on encrypted social media, overly seasoned with offensive personal attacks on anyone who dare think differently, is high praise indeed as to free democracy in Australia. A fact that does not resonate with Meryl Dorey’s 20 November opening line to the AVN’s latest legal fundraising blurb. On the pages of Christian fundraising site GiveSendGo [Archive], we read:

Australia is in a tailspin – descending almost inexorably into tyranny.

Orphaned donors an opportunity for the AVN

“Tyranny” has been a well worn word for COVID conspirators during the pandemic. The AVN has given “Medical Tyranny” and “fascism” ample airing, as Dorey urged followers to donate in support of the fight for freedom, and as a reason to attend illegal protests during lockdown. The AVN had frequently promoted the efforts of Buckley, Teffaha, Nikolic and Hopkins. Nikolic had cited AVN antivax material in a long letter to Brad Hazzard. The AVN has watched these fraught legal efforts with scrutiny. Is it cynical to suspect that as legal challenges fell to “fascist medical tyranny”, eyes in the AVN bunker also noticed increasing numbers of ‘orphan’ donors had lost their cause for donation?

The fundraising blurb continues:

We are not able to travel from State to State or overseas, work in our normal jobs – even when those jobs are part of our own business, go out to eat, drink, to the cinema, dance, sing, or do just about anything else without agreeing to take an experimental jab that has already killed hundreds of our countrymen and women and injured over 80,000.

It is obvious to anyone who has observed what’s been happening over the last 22 months that our governments – State and Federal – are determined to remove every right our parents and grandparents fought for in many wars over the last 100 years or so.

We at the Australian Vaccination-risks Network (AVN) have watched this with great dismay, as we know many of you have done as well. We have participated in protests, made submissions, written letters and for the most part, though these actions have put the government and their bureaucracy on notice, their course seems to have been set and unchanged through it all.

Court cases have arisen and been lost – and others are ongoing – we wish them all well. Though we have informed people of these cases and done everything we can to offer whatever assistance we can to the organisers, the AVN has not personally gotten behind any of them.

Until Now.

We recently met with a legal team that has rendered a legal advice that has been reviewed by two eminent Australian and English legal minds, (a former Justice and a current QC), that the case has merit and, if it wins (there is never a guarantee) .. of completely turning the current situation on its head!

The AVN claim to feel so strongly they have donated $20,000 into the “AVN Judicial Review Fund of our instructing solicitors Irish Bentley”. That might sound generous and is intended to motivate donors. Yet we must remember the AVN 2016 High Court challenge against “tyrannical ‘No Jab, No Pay’ federal legislation”. According to their own emails and website, this ultimately left them holding a minimum of $80,000 and possibly close to $110,000. These figures vary because their own published totals of raised funds and apparent legal expenditure both varied significantly. Was $160,000 raised or $152,000? Was expenditure around $70,000 or was it $50,000? This disparity remains online and has never been explained.

At the time, donors raised concerns and sought clarification, to no avail.

  • donors challenge meryl dorey over missing funds
  • donors challenge meryl dorey over missing funds
  • donors challenge meryl dorey over missing funds

Money from this remaining kitty that the AVN might claim was spent on antivax pursuits, distills into two efforts. In February 2019 the AVN advised members they had donated $5,000 USD to ecologist James Lyons-Weiler, to help fund his crowdsourced “Vaxxed vs unvaxxed” study. Published in the International Journal of Research and Public Health, it was quickly demolished [2] by critics of the new and dubious methodology. The study was retracted in August this year. In March this year the AVN advised that £4,000 was apparently donated to Professor Christopher Exley of Keele University in the UK. This was to assist his work into linking aluminium to neurodegenerative diseases, including the long debunked “vaccine-autism” trope. That money supposedly vanished in the midst of controversy that saw Exley leave Keele University in August this year.

The fundraising blurb attempts to justify their position in defending all Australians, whether vaccinated or not. It’s about freedom and slavery, no less.

Now is the time for ALL freedom-loving people – those who have taken the jab and those who have not; those who are staring down unemployment and those who are still able to work; those who want to protect their children and grandchildren and those who simply believe that the government’s rights stop at our skin – to pull together as one.

Whether you are able to donate $5 or $5,000, we need you now! And if you have no money to give to this cause, we need you to share this with everyone you possibly can – both here in Australia and overseas.

What we do here and now can have wide-ranging and positive influences on the entire world. There are more of us who believe in freedom than there are those who want to enslave us.

Cleaning Up Their Act

What’s notably different about this fundraising attempt is that the AVN have provided terms and conditions. They actually name real solicitors and refer to a trust account. It’s now clear to those who read the terms that the AVN is not a charity. That last point is a hard learned lesson that previously cost them significant funds. The 2016 High Court challenge ceased abruptly and the reason, is something the AVN has tried to keep secret. After announcing $160,000 had been raised, and that double that was needed, the AVN suddenly went silent. Three and a half months later, on Christmas day, they quietly revealed by email that, “counsel has advised us not to proceed due to the poor chance of success and the high costs of a High Court challenge”.

That was not accurate. What had actually happened was the AVN (then ‘Australian Vaccination-skeptics Network’) were advised of an upcoming NSW Fair Trading investigation into the fundraiser. The Australian reported the facts two days after the AVN had formally ceased fundraising. An August 2018 letter from Fair Trading, eventually advised then-AVN president Tasha David of the outcome. Essentially, the High Court fundraiser had indeed broken the law, but the AVN would not be prosecuted.

It included:

The Inquiry has found AVsN’s representations as to the money solicited on its website, and received by it, include a charitable purpose in that it purports to be for the promotion of education and learning. A copy of s. 9 of the Act is attached. […]

On this occasion NSW Fair Trading does not intend to initiate legal proceedings. However, AVsN must immediately cease the conducting of unlawful fundraising. If AVsN fails to comply, a further investigation may be conducted. If a future investigation finds that AVsN is continuing to conduct fundraising unlawfully, Fair Trading will consider appropriate enforcement action.

NSW Fair Trading investigations are bound by the limits of the Charitable Fundraising Act 1991. In simple terms that means they can act if non charities, such as the AVN, appear to be raising funds for a charitable purpose. By stating now that they are not a charity, the AVN hope to avoid accusations of unlawful fundraising and the promised “enforcement action”. Naming their solicitors, as opposed to previously alluding to anonymous representation, is something they had to do. For almost two years now, proposed crowdsourced legal action against public health directives and COVID-19 vaccination, has had names and faces. The AVN pre-COVID claim of needing secrecy to avoid revealing their strategy to the government and “the pharmaceutical lobby”, will no longer work.

I suspect that now having actual solicitors whose professional reputation is involved, means that a trust account has been strongly recommended. Legally, as the AVN is not a charity, the Charitable Trusts Act 1993 does not apply. In 2016 donors were asked to identify payments with the initials “NJNP”. All routes of deposit led to a long standing Westpac “AVN Community Solutions” account. There simply was no dedicated bank account, and if donors did not initial cheques, money orders or PayPal donations, the AVN advised, the money would be assumed to be not for the High court challenge and used as they saw fit. It may not be essential to provide a dedicated account for funds raised, but it is sound practice and the AVN have learned not only from their own mistakes and critics, but quite likely from recent critics of Serene Teffaha.

The Terms and conditions are as follows:

The goal is $300,000. Total to date since 20 November, is $123,040. Two realities have emerged with respect to recent legal challenges of this nature. The chance of success is unlikely in the extreme. The chance of significant profit is high. Item 10 in the terms and conditions allows the AVN to spend donor monies on what they may deem related administrative costs. Item 11 states that only donors who contribute over $500 “may elect” to receive a pro rata return from surplus funds, if over $5,000 is left.

If at the completion or cessation (for whatever reason) of the proceedings (which may include appellate proceedings) there are monies exceeding AU$5,000 remaining in the AVN Judicial Review Fund (i.e. surplus funds), donors who have contributed an amount greater than $500 may elect to receive a pro rata return from the surplus funds (i.e. their total donation as a proportion of the total funds raised). Any funds remaining after such pro rata return will be paid to AVN.

One awaits further developments with interest.


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Latest update: 4 December 2021

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