Woman Launches Legal Action In The Supreme Court Against Melbourne's Coronavirus Curfew

A disgruntled Melbourne woman has launched legal action against the city’s coronavirus curfew.

People in the Stage 4 lockdown area are required to stay indoors between 8pm and 5am unless they have to go to work, need to have a medical issue addressed or are doing some sort of care giving.

Anyone caught outside their home during those hours without a valid reason can cop a $1,652 fine.

But, after weeks of having to remain inside, one woman has had enough.

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Mornington Peninsula restaurateur and single mother-of-three Michelle Loiel has filed official documents in the Supreme Court requesting the curfew be abolished or have the Stay At Home Directions that enable it changed, according to AAP.

“Since the implementation of the curfew I would describe the home environment for my children and I as absolutely suffocating,” she said in an affidavit.

“Looking after the mental and emotional wellbeing of my children, coupled with the pressure of trying to keep my business afloat, has taken a significant toll on my health.

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“The social isolation from my family and friends has been unbearable.”

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Ms Loiel believes that the curfew infringed on her rights to freedom, liberty and security.

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She has argued in her affidavit that decision to introduce a nighttime curfew during Stage 4 lockdown was irrational and illogical and says there isn’t enough evidence to suggest coronavirus cases rose or fell during the night.

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Health authorities would argue that the curfew has prevented more people from socialising with others at night or making unnecessary trips to get unnecesary things.

The complainant says Victoria’s deputy public health commander Michelle Giles ‘failed to give any real independent consideration to whether it was appropriate to make the curfew’.

But it will probably be a massive uphill battle for the woman, especially considering Premier Daniel Andrews said last week that he was sticking by the curfew.

“Let me be really clear with you – the curfew position at the moment will not be changing,” Mr Andrews told reporters.

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“Because it is working. It is working. And if you don’t limit movement, you won’t limit the number of cases. And what everyone wants to get up and stay open simply won’t happen.”

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