The decision comes after a challenge in the Victorian Supreme Court by Michelle Loielo was also thrown out. Ms Loielo, who runs Unica Cucina e Caffe in Capel Sound, argued her business had been placed under “significant pressure” due to the lockdown restrictions. She stated in an affidavit to the court that she had only made $400 in a week – down from a turnover of $20,000 a week before the lockdown.
Ms Loielo, left, who is an aspiring Liberal MP, said she feared for her future and that of her children as a result of the 9pm-5pm curfew, which has since been lifted. Lawyers for Ms Loielo argued that the curfew was “unlawful and invalid”, while Ms Loielo argued that the curfew had infringed on her human rights.
But Justice Tim Ginnane dismissed her case against the curfew – approved by Deputy Public Health Commander Michelle Giles – stating it was “proportionate to the purpose of protecting public health”. “Giles’s evidence established that in the emergency circumstances presented by the second wave of the pandemic, there were no other reasonably available means to achieve that purpose,” Justice Ginnane said.