Mum takes on Andrews at Supreme Court

 

A suburban mother-of-three may turn out to be a state hero after she launched a court bid to free Victorians from Premier Daniel Andrews' coronavirus curfew.

Just days after the Victorian Premier insisted he wouldn't budge on Victoria's 9am to 5pm curfew, Michelle Loielo mounted a legal challenge in Melbourne's Supreme Court.

Ms Loielo, a 41-year-old mother and cafe owner from Victoria's Mornington Peninsula, filed documents in the Supreme Court via eminent Melbourne barrister Marcus Clarke, QC, on Tuesday afternoon to have the curfew removed.

The widowed mother, who says stage four lockdowns has cost her 99 per cent of her business, has claimed the curfew has violated her rights to freedom, liberty and security.

The application argues the curfew direction is invalid, irrational and illogical.

"Last week I made $400," she wrote in a court affidavit supporting her claim.

"This situation troubles me greatly, as I am the sole financial provider for my three children.

"I am genuinely concerned that I am not going to be able to provide for my children if this situation continues.

"I am afraid that I will lose my house.

"Since the implementation of the curfew I would describe the home environment for my children and I as absolutely suffocating.

"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.

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

Ms Loielo has asked the Supreme Court to either rule the curfew unlawful, or quash the Stay At Home Directions that stipulate it.

RELATED: Follow our live coronavirus coverage
RELATED:
Big problem with Dan's $290m plan

Cafe owner and mum-of-three Michelle Loielo has taken the Victorian government to court to declare the curfew invalid. Picture: Jake Nowakowski.
Cafe owner and mum-of-three Michelle Loielo has taken the Victorian government to court to declare the curfew invalid. Picture: Jake Nowakowski.

 

Victorian Premier Daniel Andrews’ insistence the curfew is her to stay is in doubt after mum-of-three Michelle Loielo filed a court challenge. Picture: Andrew Henshaw/NewsWire
Victorian Premier Daniel Andrews’ insistence the curfew is her to stay is in doubt after mum-of-three Michelle Loielo filed a court challenge. Picture: Andrew Henshaw/NewsWire

The court documents argue Victoria's deputy public health commander Michelle Giles "failed to give any real independent consideration to whether it was appropriate to make the curfew".

Ms Loielo said her business, Unica Cucina E Caffe, in Capel Sound, used to bring in up to $20,000 a week.

She said other businesses along with hers had taken "an absolute beating" this year and she had now become heavily involved in local politics.

"I … am even taking a crack at being preselected to run for the next state election in the seat of Nepean for the Liberal party," she said.

As part of stage four restrictions, Melburnians were not allowed to leave their homes between 8pm and 5am, but that was pushed back to start at 9pm from Monday.

The only exemptions from the curfew are for people going to work, seeking medical care or needing to provide caregiving.

"Let me be really clear with you - the curfew position at the moment will not be changing," Mr Andrews told reporters last Friday.

"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."

Victoria's embattled premier has recently endured a campaign to give him "the boot" over his handling of the coronavirus and his state's second wave.

candace.sutton@news.com.au

Originally published as Mum takes on Andrews at Supreme Court



WHAT ABOUT US? Clarence excluded from border expansion

Premium Content WHAT ABOUT US? Clarence excluded from border expansion

Queensland Premier widens border exemptions, but there’s bad news for those in the...

MORE DETAILS: What you need to know about new border bubble

Premium Content MORE DETAILS: What you need to know about new border bubble

QUEENSLAND has expanded its ‘border bubble’ to include seven new council areas.

Council give warning to junk mail distributors

Premium Content Council give warning to junk mail distributors

People distributing catalogues to properties have been placed on notice by Clarence...