Nathan Buckley (Image: G&B Lawyers)

Yesterday the Fair Work Commission published a decision rejecting an appeal for an employee who was dismissed for refusing to get a flu shot. While the dissenting opinion has got a lot of attention for regurgitating anti-vaccine tropes, the decision reaffirmed employers’ ability to implement vaccine mandates in some situations. 

G&B Lawyers’ Nathan Buckley was the lawyer for the complainant. Earlier this month, Crikey reported on crowdfunded legal challenges to vaccine mandates and public health restrictions. Chief among those running these campaigns was Buckley, who had raised by that point more than half a million dollars for a variety of challenges.

Buckley has promised to appeal this decision — but he also has other things on his mind as he faces potential disciplinary action for conduct. 

The Council of the Law Society of NSW made two complaints to the NSW Legal Services Commissioner about Buckley on September 8, according to a letter sent by the Law Society and seen by Crikey. 

These two claims pertain to Buckley crowdfunding for COVID-19 laws and his statements on social media. The letter also states that “a number of complaints” from the public and other lawyers about the same matters were passed on to the Law Society.

The commissioner can choose to institute proceedings in the disciplinary tribunal and in the mean time caution, reprimand or impose conditions on the lawyer. The tribunal can rip up a lawyer’s practising certificate and issue fines of up to $100,000 if found guilty of professional misconduct. Complaints to the commissioner generally take months to investigate.

Meanwhile, Buckley’s attempt to subpoena the NSW premier’s office for documents about Berejiklian’s powers to make public health orders was rejected by the Supreme Court. Justice Beech-Jones was blunt about Buckley’s attempt to engage the premier: “I am satisfied that the subpoena does not have a proper forensic purpose and that is otherwise, for case management reasons, not appropriate to put the agencies of the state in the position of having to address the subpoena, especially one drafted in those term.”

Yet another week of setbacks for Buckley. Despite this, the lawyer shows no signs of stopping.

“We are still looking for more construction worker plaintiffs in our proposed action against Andrews and Sutton challenging the validity of their public health directions making COVID-19 vaccinations mandatory,” he recently wrote on the GoFundMe page for a promised class action against the Victorian government that’s raised nearly $70,000.

“This action is going to happen. No refunds will be provided.”