Government
Hotelier Julian Gerner to lodge High Court challenge against Melbourne lockdown
A legal bid is set to be launched in the High Court against Melbourne’s lockdown to challenge strict rules that deny “basic freedoms”.
A high-profile hospitality figure is set to launch a legal bid against Melbourne’s lockdown to challenge strict rules such as the 5km travel limit.
Sorrento hotelier Julian Gerner is expected to lodge the challenge in the High Court of Australia as early as Monday as the city’s hopes of a large easing of coronavirus restrictions next weekend were all but dashed over the weekend.
Mr Gerner, who owns Morgan’s restaurant and bar in Sorrento, has engaged Bret Walker SC and Michael Wyles QC to represent him, with a writ of summons against the state of Victoria and a statement of claim expected to be filed in Melbourne’s High Court registry.
Mr Gerner’s legal team will attempt to argue restrictions such as the 5km rule, essential worker permits and being locked at home under a curfew were a disproportionate response to the threat of coronavirus.
The challenge will also attempt to argue those restrictions were contrary to the implied constitutional rights of freedom of movement within states to undertake personal, family, recreational and commercial activities.
Mr Gerner confirmed the High Court challenge in a statement provided to NCA NewsWire.
“I will be represented by Bret Walker SC and Michael Wyles QC who will argue that the Victorian Government has engaged in an unnecessary lockdown of the state and the economy, denying our basic freedoms as Australian citizens under our Federal Constitution, including our right to freedom of movement,” he said.
“Being locked at home for 23 hours a day (now 22 hours a day), not being allowed to travel more than 5km from home, needing permits to work and travel, being denied the ability to see friends and family or work or go to school.
“This is not what we signed up for and is inconsistent with a free society, representative democratic government and civilised living.
“Aggressive and heavy-handed enforcement of these restrictions has also alarmed most fair-minded people.”
Mr Gerner said he would apply to the court for a declaration confirming the freedoms and that the State Government’s responses be set aside as disproportionate and unreasonable.
His legal team will seek an expedited hearing by the High Court.
It comes as Premier Daniel Andrews all but confirmed Melbourne would not see a significant easing of restrictions on October 18.