I shall confess to some procrastination on this topic, dear reader, as it was back on 10 October that the conspiratorial constitutional complaint against Justice Helen Rofe was dismissed. It appears Chief Justice Debra Mortimer, as we shall see, found the proposed bases for the complaint as bereft of legal integrity as any who struggled through the convoluted contortions composed by the discombobulations of retired barrister, Julian Gillespie, and company.

Memories may be refreshed about the original Fidge v Pfizer case here, the extensive accusations within said complaint (lodged 22 March 2024) here, and the High Court writ of mandamus courageously cobbled to force Chief Justice Mortimer to acquiesce to the complaint (filed 3 July 2024), here. I should rush to add that the complaint and writ were filed on behalf of Dr. Julian Fidge, who is the applicant in all things Fidge v Pfizer. Thus, rulings and complaint dismissals refer to Fidge’s arguments. However, the conspiratorial allegations serve to remind us that Gillespie, enabled by Katie Ashby-Koppens of PJ O’Brien & Associates, are the individuals shaping Fidge’s legal moves.

In her dismissal ruling (also embedded below) Chief Justice Mortimer notes that Fidge’s legal firm lodged an amended draft notice of appeal on 27 March 2024, containing 24 grounds of appeal. Mortimer highlights key allegations against J Rofe, on page 3 of her dismissal (the “First Respondent” is Pfizer):

23. There is a reasonable apprehension that the learned judge’s decision was affected by bias by reason of the factual matters and circumstances of the relationship of the learned judge to the First Respondent thereby manifesting a reasonable apprehension that the learned judge possessed a motive to decide the case in favour of the First Respondent.

24. The learned judge erred by failing to accord the appellant procedural fairness and natural justice by failing to disclose material adverse to the interests of the appellant thereby failing to grant to the appellant an opportunity to be heard adequately or at all concerning those matters, specifically the relationship of the learned judge to the First Respondent manifesting a reasonable apprehension that the learned judge possessed a motive to decide the case in favour of the First Respondent.

On 2 August Fidge withdrew the application for leave to appeal, and on 26 August the High Court proceeding was discontinued. Feel free to read more of the specifics pertaining to the relevance of both procedures over pages 4 and 5 below. A complaint to the Chief Justice may be dismissed if it relates to judicial findings subject to appeal, as Fidge was seeking. However, to his benefit it was held in abeyance. By discontinuing both leave to appeal, and the High Court proceedings (which complained about his complaint being in abeyance), Fidge was open to grounds for dismissal of the complaint as it related to “matters which could have been the subject of an appeal”. Mortimer observes:

I reject the contention in Dr Fidge’s lawyers’ correspondence that there was more to Dr Fidge’s complaint than allegations of bias (actual or apprehended; see below) against Justice Rofe. […] It was the conscious election of Dr Fidge, I infer on legal advice, not to continue pursuing this avenue. I reject the contention in the complaint that the alleged conduct could not be raised on appeal because the Court’s orders were “void ab initio” (invalid from the start). […] I consider this contention nothing more than an attempt to circumvent the appellate processes of the Court.

Mortimer continues, arguing allegations within the complaint have no basis or merit. She adds that some are scandalous, “and this provides an independent basis for their summary dismissal”. None of the allegations were presented in court to J Rofe, leading Chief Justice Mortimer to mention the “causal connection” between Fidge’s unsuccessful application and the lodging of the complaint (para 32):

In my opinion the causal connection is clear and Dr Fidge has made these complaints at least in part because his originating application was unsuccessful.

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