It has been confirmed that Ethicon / Johnson & Johnson’s application for special leave to appeal the decision of the Full Court of the Federal Court will be heard on Friday, 5 November 2021. The appeal will be heard in the High Court of Australia by way of video conference.
What does this mean?
The High Court of Australia is the last avenue available to J&J to appeal the Full Federal Court’s judgment delivered on 5 March 2021. In order to commence a formal appeal, J&J must be granted what is known as ‘special leave’ by the High Court.
If the High Court refuses to grant special leave to J&J, then the decision of the Full Federal Court, in favour of the Lead Applicant and group members, will stand.
What happens if special leave is granted?
If the High Court grants special leave to J&J to appeal the Full Federal Court’s decision, then Shine Lawyers and J&J (the ‘parties’) will proceed to a further hearing of the appeal before the High Court.
Every appeal process is different, and timeframes can depend on a number of factors including the High Court’s availability. You will be notified of expected timings once they are known.