The firm wrote on Facebook that Victorians in the metropolitan Melbourne and Mitchell Shire areas should not wear the masks despite the government’s mandatory order. As the offence comes with a fine, Mr Buckley also recommended fighting it. 

“Free legal advice to all Victorians. Don’t wear a mask. Get a $200 fine and then elect to have it determined in court,” Mr Buckley wrote. “Every single one of you 6.359 million [sic] Victorians can challenge the fines in court. The Victorian [government] won’t fight you in court. It is far too expensive for them to do so.” 

In another Facebook post, Mr Buckley – perhaps satirically – said the firm was wanting to hire a criminal lawyer based in Melbourne who “must have experience in challenging fines” and to “expect 6 million or so fines against individuals for not wearing a mask”. 

Only hours after posting the first comment, Mr Buckley had to ask followers to leave a positive review on Facebook and Google as “too many trolls [are] dragging us down”. The majority of the “trolls” were upset about the implications of not wearing masks due to the rising statistics, with one asking the firm to also pay for a will to be drafted up. 

On the morning of Monday, 20 July, the firm hit back at the “trolls”, boasting: “Hey trolls how are you going? Looks like we are winning. Guess this means you won’t be paid this week!” 

The first post was removed, and Mr Buckley explained to followers that it was done so at the request of the Law Society of NSW. He said that he takes full responsibility and accountability for the post “that has made media attention worldwide”.

“It was not the provision of legal advice,” Mr Buckley explained. “It was the expression of my own personal political beliefs. As a citizen of Australia, I have an implied freedom of political communication which is protected by the [constitution]. 

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“My position remains that any law that attempts to mandate the wearing of a face mask in Australia is unlawful and in breach of the [constitution]. This is from my own political belief. It is not an expression of law or provision of legal advice from G&B Lawyers.” 

Last month G&B Lawyers congratulated Victorians for refusing COVID-19 tests. They also advocated to stop South Australia’s “No Jab No Play Laws”, hosting a crowdfunding website. The firm said it is confident an injunction to freeze the commencement date of No Jab No Play laws for childcare centres in South Australia will be successful.

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Voting is now open for The Lawyers Weekly Award, to be presented to one individual for making substantial, consequential achievements in advancing the Australian legal profession since 2000. Finalists for this prestigious award have been confirmed as those listed below. To vote for your preferred winner, click here. 

Julian Burnside AO QC (barrister)

Bernard Collaery (barrister, former Attorney-General of the ACT)

Kate Eastman SC (barrister and co-founder, Australian Lawyers for Human Rights)

The Honourable Robert French AC (former chief justice, High Court of Australia)

Sue Kench (global chief executive, King & Wood Mallesons)

The Honourable Chief Justice Susan Kiefel AC (chief justice, High Court of Australia)

The Honourable Michael Kirby AC CMG (former justice, High Court of Australia)

Jane Needham SC (barrister and former president, NSW Bar Association)

Geoffrey Robertson AO QC (barrister)

Professor Gillian Triggs (assistant secretary-general, United Nations and former president, Australian Human Rights Commission)