Thread by @flexgirl9

LIVE: 28/09 to 29/09 - S ECI 2020 03608 Loielo, Michelle v Giles, Michelle on Vimeo

Melbourne curfew challenge. #auspol vimeo.com/460792945

Court in session:
Marcus Clarke QC for the win.

Melbourne curfew
A step too far.

Lockdown should only apply to those that pose the most risk (infected) and not an entire community.

Curfew was already a given although changes had to be made to original drafting.
No problem. They’ll be signed regardless by Ed Byrden.

Daniel Andrews Road Map.
suggests curfew not to be lifted until Oct 26.

The clusters / trends were well known & documented: predominantly in the West, North, Aged Care and Dandynong Police station.

None of these were anywhere near Mornington where ML runs her cafe.

Noted high level of redaction from Andrews office.

Marcus Clarke had re-filed originating motion, changing the argument for a declaration of relief to past tense.
Victoria's Solicitor-General Kristen Walker QC had said the 1st order sought to overturn the curfew couldn't go ahead any more "because there is nothing to quash".

Kristen Walker QC argues that exceptions to the Melbourne curfew
*medical
*compassionate
*work

suggest this measure, in a raft of measures, is not a step too far.

This is boiling down to Section 111 v. Section 200

D: any individual can be restricted during an emergency. The entire stare was under SoE.

Kristen Walker QC argues Michelle Giles is qualified and familiar with covid and an expert in infectious diseases & public health which means she more than qualified to order curfew.

Judge says some recent UK case: R (on the application of Jalloh is relevant here.
supremecourt.uk/cases/docs/uks…