Further action taken by hospitality industry against Victoria’s state government

A prominent Victorian hospitality figure is appealing to the high court in a bid to end Melbourne’s lockdown, which has already been detrimental to many hospitality businesses. 

Julian Gerner, a leader of the “Unlock Hospitality” group has engaged Bret Walker SC and Michael Wyles QC to represent him.

Layers have issued a writ of summons and a statement of claim against the state of Victoria, which is expected to be filed in Melbourne’s High Court registry as early as today.

In a statement to The Age, Mr Gerner said: "I am the Plaintiff and reside on the Mornington Peninsula where I own a restaurant and bar located in Sorrento. 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.

"We will apply to the Court for a declaration confirming these freedoms and to set aside the disproportionate and unreasonable responses imposed by the Victorian Government.

Constitutional law expert Luke Beck, said Mr Gerner would need the High Court to give him an expedited hearing. 

Mr Beck, a Monash University Associate Professor Beck called Mr Gerner’s argument that an implied constitutional freedom of movement within states was "novel" and "bold". However, he also said the claim was not without merit.

Mr Gerner’s statement of claim seeks a High Court ruling on the validity of directions by Chief Health Officer Brett Sutton under the Public Health and Wellbeing Act.

Mr Gerner argues the directions are contrary to constitutional rights to implied freedom of movement within a state. 

The legality of the curfew is being challenged in separate action in the Supreme Court of Victoria.

Mr Andrews has indicated that on 19 October some significant changes to restrictions would be announced. These changes will most likely be in relation to social measures rather than economic.

On Sunday the Victorian Employers Chamber of Commerce and Industry said Victoria had to learn to live with the virus and that businesses that had been closed for months had put together plans to enable them to operate safely.