Skip to content
COVID19, Legal

Constitutional complaint brought against Federal Court Judge for concealing pharma connections

PJ O'Brien & Associates 3 mins read

FOR IMMEDIATE RELEASE


SYDNEY, AUSTRALIA, 22 March 2024: A complaint filed with the Federal Court Chief Justice Debra Mortimer today alleges that Federal Court judge, her Honour Justice Helen Rofe, concealed her connections to Pfizer and the pharmaceutical industry before dismissing a case, to Pfizer’s advantage.

The complaint was filed by law firm PJ O’Brien & Associates.

Katie Ashby-Koppens is instructing solicitor on the case VID510/2023, which Justice Rofe dismissed on the matter of standing in a decision handed down on 1 March 2024.

The applicant, Dr Julian Fidge, sought an injunction to prevent Pfizer and Moderna from distributing their mRNA Covid vaccines. Dr Fidge alleges the vaccines contain unlicenced genetically modified organisms (GMOs), which is a criminal offence in Australia under the Gene Technology Act 2000.

If the action were successful, it would carry serious financial and reputational damage to both Pfizer and Moderna. As respondents, Pfizer and Moderna stood to benefit from Justice Rofe’s dismissal of the case.

The complaint against Justice Rofe alleges serious misconduct possibly rising to misbehaviour by the failure to disqualify herself or disclose her significant prior relationship with Pfizer.

Justice Rofe was appointed to the Federal Court on 12 July 2021 after being called to the Bar in 2001. When at the Bar, Justice Rofe directly and indirectly represented Pfizer on at least five occasions between the years 2003-2006 (see page 8 of linked complaint for the detailed list).

Additionally, Justice Rofe has substantial affiliations and associations with the pharmaceutical and scientific research industry.

Her Honour’s extended family established the Grimwade family pharmaceutical fortune and later ran leading Australian biomedical research organisation the Walter and Eliza Hall Institute (WEHI).

The WEHI has received funding of hundreds of millions in taxpayer dollars and over US$30 million from the Bill & Melinda Gates Foundation.

Professionally, Justice Rofe sat on the Bolton Clarke Human Research and Ethics Committee for 10 years. Bolton Clark received significant provisions of grant money from her Honour’s cousin, Sir Andrew, in his role as Chairman of the Felton Bequests Committee. Sir Andrew served a period as the honorary President of the WEHI for 14 years, serving on the Board from 1963 to 1992.

In view of these allegations, PJ O’Brien & Associates is calling on the Upper and Lower Houses of Parliament to investigate Justice Rofe’s conduct, as is their prerogative under Section 72(2) of the Constitution.

The last time a Parliamentary investigation into potential misbehaviour of a judge was established under Section 72(2) of the Constitution was in the case of Justice Lionel Murphy, in May 1986. The investigation was discontinued when Justice Murphy announced that he had received a terminal cancer diagnosis. Justice Murphy passed away in October 1986.

Quotes attributed to Katie Ashby-Koppens, instructing solicitor, PJ O’Brien & Associates

“Judges are duty bound to disclose not only potential conflicts, but also perceived conflicts. Failing to disclose this information is not just a breach of common courtesy, but is a breach of the judicial obligations of a sitting judge.”

“There are 17 judges who sit on the Federal Court Melbourne Registry. Justice Rofe was not the only judge available to hear the matter.”

“Justice Rofe’s dismissal of our case should be voided and our matter should be heard by a judge with no presenting conflicts, as should all matters in the Australian judicial system.”

“We have asked Chief Justice Mortimer to investigate our complaint. Additionally, we call on the Parliament of Australia to investigate allegations of misbehaviour of a sitting judge. If the allegations of misbehaviour are proven, the Parliament may remove Justice Rofe from the bench.”

Contact:

Katie Ashby-Koppens
Lawyer, PJ O’Brien & Associates Phone: +61 435 791 200
Email: [email protected]

Read the complaint against Justice Rofe: HERE

Summary of the GMO case VID510/2023: https://amps.redunion.com.au/australian- court-covid19-drugs-gmo-pfizer-moderna-law


Key Facts:

- A Federal Court judge concealed pharma connections before dismissing case in Pfizer's favour
- A complaint has been brought against Justice Helen Rofe requesting investigation into misconduct


About us:

PJ O’Brien & Associates, NSW law firm


Contact details:

Katie Ashby-Koppens
Lawyer, PJ O’Brien & Associates Phone: +61 435 791 200
Email:
[email protected]

Media

More from this category

  • Environment, Legal
  • 07/08/2026
  • 12:46
Climate Defenders Australia

UPDATED – Police drop all remaining 2024 Rising Tide coal protest cases after failed prosecutions

7 August 2026 Update: The court has now completed the mentions and all the charges have been officially dropped New South Wales Police have…

  • Contains:
  • Environment, Legal
  • 07/08/2026
  • 06:00
Climate Defenders Australia

Police will drop all remaining 2024 Rising Tide coal protest cases after failed prosecutions

7 August 2026 New South Wales Police will drop the remaining charges arising from Rising Tide's 2024 People's Blockade protest, where hundreds of people entered the water at Newcastle Harbour - the site of the world’s largest coal port - to protest coal export and its contribution to climate change. It comes after Climate Defenders Australia, who represented 117 of the arrestees, repeatedly petitioned Police to withdraw anti-protest charges after they failed to prosecute test cases, and were required to pay $73,000 in costs. Arrestee Susan Duncan, an ecologist who lost five friends on Black Saturday, said: “I feel that…

  • Contains:
  • Government VIC, Legal
  • 06/08/2026
  • 15:37
Jesuit Social Services

Weakening prisoners’ rights sets a dangerous precedent for every Victorian in custody

Key Facts: The Victorian Government is proposing amendments to the Corrections Act which remove the right of prisoners to one hour of time in the open air each day.This will weakens the legal minimum standards for people in custody, and breach the United Nations Mandela Rules and Victoria’s own Charter of Human Rights and Responsibilities. Extended periods of solitary confinement can have extremely serious physical and psychological consequences. This also risks undermining rehabilitation and reintegration into the community.The Victorian Government must withdraw the Corrections Amendment Bill 2026, which removes the right of prisoners to one hour of time in the…

  • Contains:

Media Outreach made fast, easy, simple.

Feature your press release on Medianet's News Hub every time you distribute with Medianet. Pay per release or save with a subscription.