Case M104/2020

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).

Short Particulars

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)