A high-profile hospitality figure is expected to launch a legal bid against the lockdown of Melbourne to challenge strict regulations such as the travel limit of 5 km.
As early as Monday, Sorrento hotelier Julian Gerner is expected to lodge the appeal in the High Court of Australia as the city’s expectations of a significant reduction of coronavirus restrictions were all but dashed over the weekend next weekend.
Mr Gerner, who owns Morgan’s Sorrento restaurant and bar, has retained Bret Walker SC and Michael Wyles QC to represent him, with a notice of appeal against Victoria State and a declaration of claim due to be lodged in the High Court Registry of Melbourne.
The legal team of Mr. Gerner would try to claim that limitations such as the 5 km rule, essential worker permits and being locked under a curfew at home is a disproportionate response to the coronavirus danger.
The challenge would also seek to claim that such limitations were contrary to the implied constitutional rights of freedom of movement for personal, private, recreational and commercial activities within states.
In a statement given to NCA NewsWire, Mr Gerner confirmed the High Court appeal.
“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.”