Inactive AFLW player and nurse Deni Varnhagen has had a small win in her legal challenge against South Australia's healthcare worker vaccine mandate, with the Court of Appeal granting her request for an urgent appeal.
Last month, the Supreme Court dismissed her case on the basis it "ceased to have utility" given the emergency declarations she was challenging had been removed and replaced by legislation.
Her legal team is appealing that ruling and last week asked for an urgent, expedited hearing as the directions are due to expire on November 23.
The court heard if the legislation expired before the appeal could be heard and determined, it would render it legally "futile" but the court diary was "utterly jam-packed".
Today, the Court of Appeal said it could hear the appeal on November 11 — 12 days before the expiry date.
It is unclear whether the state government will extend the mandate.
Ms Varnhagen, who has been a registered nurse for seven years, was working in the intensive care unit at Flinders Medical Centre and as an anaesthetic and recovery nurse at the Glenelg Day Surgery.
In an affidavit, Ms Varnhagen previously told the court she was not able to make an informed decision about getting vaccinated in relation to the effectiveness of or safety of the vaccines.
She made mention of her "personal circumstances as a healthy, young female of child-bearing age".
"I believe that I am being coerced into doing so [getting vaccinated] in order to keep my employment," she said.
Her fellow applicant — Courtney Millington — has been a registered nurse for 17 years and was working at the Women's and Children's Hospital and with Healthcare Australia.
After she was told she had to be vaccinated to continue working, she had one COVID-19 vaccine dose, but said she experienced pain and sought an exemption to the mandate, but it was not granted.
Ms Varnhagen's time on the Adelaide Crows' inactive list was extended in June after she fell pregnant.
