Gerner & Anor v. The State of Victoria
Case No.
M104/2020
Case Information
Catchwords
Constitutional law – Validity of legislative instruments – Public Health and Wellbeing Act 2008 (Vic) (“Act”), sub-ss 200(1)(b), (d) – Directions made under sub-ss 200(1)(b), (d) – Where Directions made under Act purported to authorise lockdown in Victoria – Where first plaintiff is resident of Victoria restrained from moving freely within that State by Directions – Where second plaintiff is restaurant business in Victoria owned and managed by first plaintiff – Where first plaintiff and employees and customers of second plaintiff have been restricted from visiting second plaintiff’s premises, with adverse consequences for second plaintiff’s business – Whether sub-ss 200(1)(b), (d) and/or Directions made under those provisions are invalid because they impermissibly burden an implied freedom of movement said to be contained in the Constitution (Cth).
Documents
12/10/2020 Writ of summons
12/10/2020 Notice of Constitutional Matter
16/10/2020 Hearing (Single Justice, Sydney by video-connection)
20/10/2020 Hearing (Single Justice, Brisbane by video-connection)
20/10/2020 Amended writ of summons and statement of claim
21/10/2020 Demurrer
23/10/2020 Written submissions (Plaintiffs)
28/10/2020 Written submissions (Mr Ludlow seeking leave to intervene)
30/10/2020 Written submissions (Defendant)
30/10/2020 Written submissions (Attorney-General for the State of Tasmania intervening)
30/10/2020 Written submissions (Attorney-General for the State of South Australia intervening)
30/10/2020 Written submissions (Attorney-General for the State of Western Australia intervening)
30/10/2020 Written submissions (Attorney-General of the State of Queensland intervening)
30/10/2020 Written submissions (Attorney-General for the Northern Territory intervening)
02/11/2020 Reply
03/11/2020 Supplementary submissions (Plaintiffs)
03/11/2020 Supplementary submissions (Defendant)
06/11/2020 Hearing (Full Court, Canberra)
(Including pronouncement of orders)
06/11/2020 Outline of oral argument (Plaintiffs)
06/11/2020 Outline of oral argument (Defendant)
06/11/2020 Outline of oral argument (Attorney-General for the State of South Australia intervening)
06/11/2020 Outline of oral argument (Attorney-General for the State of Western Australia intervening)
06/11/2020 Outline of oral argument (Attorney-General of the State of Queensland intervening)
06/11/2020 Outline of oral argument (Attorney-General for the Northern Territory intervening)
10/12/2020 Judgment (Judgment summary)