On 25 October 2024, a representative proceeding or class action was commenced in the Supreme Court of Queensland by Della Merrett, Shane Pokai and Deborah Pokai (“Lead Plaintiffs”) on their own behalf and on behalf of all persons who are a “Group Member” as defined in the proceeding (see below) against the State of Queensland (Queensland Police Service) (“First Defendant”) and the former Queensland Police Commissioner, Katarina Ruzh Carroll APM (“Second Defendant”).
The class action arises out of the COVID-19 vaccine mandate imposed upon police officers and staff members of the Queensland Police Service (“QPS”) for loss and damage suffered because of the vaccine mandate including tortious claims (misfeasance in public office, and/or negligence, and/or breach of statutory duty) and which include breaches of human rights under the Human Rights Act 2019 (Qld).
The Supreme Court of Queensland has ordered that this notice be published for the information of persons who might be members of the class on whose behalf the action is brought and may be affected by the action. You have been identified as a potential class member. You should read this notice carefully. Any questions you have concerning the matters contained in this notice should not be directed to the Court. If there is anything in it that you do not understand, you should seek legal advice.
What is a class action or representative proceeding?
A representative proceeding is commonly known as a class action. It is an action that is brought by one or more persons (“Lead Plaintiffs”) on their own behalf and on behalf of a class or group of people (“Group Members”) against another person or persons (“Defendants”) where the Lead Plaintiffs and the Group Members have similar claims against the Defendants. Group Members in a class action are not individually responsible for the legal costs associated with bringing the class action. In a class action, only the Lead Plaintiffs are responsible for the costs.
Group Members are “bound” by the outcome in the class action, unless they have opted out of the proceeding. A binding result can happen in two ways being either a judgment following a trial, or a settlement of the class action at any time. If there is a judgment or a settlement of a class action, Group Members will not be able to pursue the same claims in the future and may not be able to pursue similar or related claims against the Defendants in other legal proceedings.
Group Members should note that:
If you consider that you have claims against either, or both, of the Defendants which are based on your individual circumstances or otherwise additional to the claims described in the class action, then it is important that you seek independent legal advice about the potential binding effects of the class action before the deadline for opting out (see below).
What is this class action?
This class action, the QPS COVID-19 Vaccine Mandate Class Action, is brought by the Lead Plaintiffs, Della Merrett, Shane Pokai and Deborah Pokai on their own behalf and on behalf of all persons who are a “Group Member” as defined in the proceeding (see below).
The Lead Plaintiffs allege in the statement of claim and in the amended statement of claim filed in the Supreme Court of Queensland on 25 October 2024 and 16 February 2026 respectively (Supreme Court Proceeding No. BS14484/24) that from 7 September 2021 to 12 December 2022 they were subjected to an unlawful COVID-19 Vaccine Mandate (Instrument of Commissioner’s Direction No. 12 and Instrument of Commissioner’s Direction No. 14 (“COVID-19 Directions”)) by the Defendants which constituted misfeasance in public office, and/or negligence, and/or breach of statutory duty by the Defendants and which caused loss and damage to the Lead Plaintiffs and Group Members. The Defendants to the class action are the State of Queensland (Queensland Police Service) and the former Queensland Police Commissioner, Katarina Ruzh Carroll APM. The Defendants deny the allegations and are defending the class action.
Who are the legal representatives for the class action?
The legal representatives for the Lead Plaintiffs and Group Members in this class action are Sibley Lawyers (“Class Action Lawyers”).
If you wish to contact the legal representatives in relation to this class action you can contact Sibley Lawyers on (07) 3180 0120 or email [email protected]
What is ‘Opt Out’?
The Lead Plaintiffs in a class action do not need to seek the consent of Group Members to commence a class action on their behalf or to identify a specific Group Member. Group Members are determined and identified according to the definition of a “Group Member” as defined in the statement of claim.
However, any individual who meets the definition of a Group Member can cease to be a Group Member by opting out of the class action. An explanation of how class members are able to opt out is found below in the section headed “How can you opt out of the class action?”.
Are you a Group Member?
You are a Group Member if between 7 September 2021 and 12 December 2022 you were a QPS Police Officer or QPS staff member, and
If you are unsure whether or not you are a Group Member, you should contact Sibley Lawyers on (07) 3180 0120 or email [email protected] or seek your own legal advice without delay.
Will you be liable for legal fees if you remain a Group Member?
You will not become liable for any up-front legal fees simply by remaining as a Group Member for the determination of the common questions in the class action. However:
Who is funding the class action and how much could they charge if compensation is payable?
A company known as Mineralogy Pty Ltd (“Mineralogy”) is funding the proceeding. It is controlled by Mr Clive Palmer and he is the Managing Director. A class action funding agreement entitled “Queensland Police and Paramedics Class Action Funding Agreement” (“Funding Agreement”) was signed by the Plaintiffs with Mineralogy on the following dates: First Plaintiff on 9 July 2024, Second Plaintiff on 7 July 2024 and the Third Plaintiff on 12 February 2025. An updated version of the Funding Agreement was signed by the Plaintiffs with Mineralogy on the following dates: First Plaintiff on 3 November 2025, Second Plaintiff on 17 October 2025 and the Third Plaintiff on 17 October 2025. Pursuant to the Funding Agreement and Updated Funding Agreement, Mineralogy will cover the costs of the class action and also any costs of the Defendants if they are ordered by the Court to be payable via an adverse costs order, this is the risk undertaken by Mineralogy in funding the class action.
Neither Mineralogy nor the class action lawyers are providing their services for free. If compensation becomes payable to you in the class action (whether via settlement or judgment), the litigation funder (Mineralogy) may be entitled to take up to 25% – 40% (or a lesser amount ordered by the Court in accordance with clause 12.1.3(a)(i) of the Funding Agreement and the Updated Funding Agreement) from the amount of compensation you receive to cover the costs of funding the legal fees of the legal representatives of the Lead Plaintiffs and the risk taken by the litigation funder (Mineralogy) to indemnify the class action from any adverse costs orders. That amount would be deducted from any compensation you may receive, and before you receive it.
A copy of the Funding Agreement and Updated Funding Agreement are available from Sibley Lawyers who are contactable on (07) 3180 0120 or email [email protected].
What will happen if you choose to remain a Group Member?
Unless you opt out, you will be bound by any settlement or judgment of the class action. If the class action is successful, you will be entitled to share in the benefit of any order or judgment in favour of the Lead Plaintiffs and Group Members, although you may have to satisfy certain conditions before your entitlement arises.
If a settlement is reached with respect to the class action, you may only be entitled to share in the benefit of that settlement if you have completed the “Notice for Purposes of Mediation/Settlement” (a copy of which is enclosed) (the Mediation/Settlement Notice). The reasons as to why it is necessary to identify the Group Members for the purposes of mediation/settlement are explained below.
If the class action is unsuccessful or is not as successful as you might have wished, you will not be able to pursue the same claims and may not be able to pursue related claims against one, or both, of the Defendants in other legal proceedings.
Reasons to identify Group Members for purposes of mediation/settlement AND why you should notify that you are a Group Member?
It is likely that the Lead Plaintiffs and the Defendants will at some stage participate in a mediation and/or settlement discussions. If a settlement was to be reached, the Court has the power to make orders it considers just for the distribution of any money that might be paid under the settlement.
The proceeding may be more likely to settle if the parties know the size of the Class Action. At present, it is not known how many Group Members there are. That uncertainty has the potential to make any settlement negotiations difficult.
If you are a Group Member (i.e. you fall within one of the three categories described above under the heading “Are you a Group Member?”) then it is important that you complete the Mediation/Settlement Notice (a copy of which is enclosed) and return it to Sibley Lawyers in the way described below.
If a settlement were to be reached, it is likely that the Lead Plaintiffs and the Defendants, or alternatively, just the Defendants, will seek an order from the Court that only those persons who completed a Mediation/Settlement Notice by 18 September 2026 be permitted to share in the benefit of any such settlement. The Court may or may not make such an order.
If you do not complete a Mediation/Settlement Notice, then there is a risk that you will not be able to benefit from any settlement. By completing the Mediation/Settlement Notice in the way described below, you will take away that risk.
What Group Members can do
OPTION 1: Do nothing?
If you do nothing, you will remain a Group Member for the purposes of the proceeding. There is nothing you need to do at the present time.
Subject to any settlement that might be reached, the Lead Plaintiffs will continue to bring the proceeding on your behalf up to the point where the Court determines those questions that are common to the claims of the Lead Plaintiffs and the Group Members.
However, you are invited to contact the legal representatives of the Lead Plaintiffs and Group Members by contacting Sibley Lawyers on (07) 3180 0120 or via the following email [email protected], to register as a Group Member so that future notices about the class action can be sent to your preferred address.
Unless you identify yourself to Sibley Lawyers as a “group member”, no one may be aware of the fact, and at a later stage you may not be able to share in any possible benefit flowing from the class action.
OPTION 2: Register for purposes of mediation/settlement?
If you wish to ensure that you will not be excluded from receiving a benefit from any settlement, you must complete the following two steps:
Click here to download the Mediation/Settlement Notice.
IMPORTANT: a completed Mediation/Settlement Notice must be delivered to Sibley Lawyers by no later than 4.00pm on 18 September 2026, otherwise there is a risk that it might not be effective.
OPTION 3: Opt out of the class action?
If you do not wish to remain a Group Member you must opt out of the class action. If you opt out you will not be bound by or entitled to share in the benefit of any order, judgment or settlement in the class action, but you will be at liberty to bring your own claim against the Defendants, provided that you issue Court proceedings within the time limit applicable to your claim.
If you wish to bring your own claim against the Defendants, you should seek your own legal advice without delay about your claim and the applicable time limit before opting out. If you wish to opt out of the class action you must do so by completing the three steps below:
IMPORTANT: the “Notice of Opting Out by Group Member” must be filed in the Registry of the Supreme Court of Queensland and served upon the Class Action Lawyers (Sibley Lawyers) by no later than 4:00pm on 18 September 2026 (Opt Out Deadline), otherwise it will not be effective. Each Group Member seeking to opt out should fill out, file and serve a separate form.
Where can you obtain copies of relevant documents?
Copies of relevant documents, including the claim, the statement of claim, and the defence and reply, may be obtained by:
A copy of this Notice is also available on the website of Sibley Lawyers at the following link: www.sibleylawyers.com.au/essential-services/classactions
Please consider the above matters carefully. If there is anything of which you are unsure, you should contact the legal representatives of the Lead Plaintiffs and Group Members by contacting Sibley Lawyers on (07) 3180 0120 or via the following email [email protected] or seek your own legal advice.
You should not delay in making your decision.
