The trial of the matter of Loielo v Associate Professor Giles has concluded and the judge is considering his decision.
Loielo v Associate Professor Giles (S ECI 2020 03608)
The trial of the matter of Michelle Loielo v Associate Professor Giles before The Honourable Justice Tim Ginnane has concluded. His Honour is now considering his decision.
The matter concerns an application by the plaintiff seeking:
(1) a declaration that clause 5(1AF) of the Stay at Home Directions (Restricted Areas) (No 15) dated 13 September 2020 in which the defendant directed that there be a curfew on all Victorians residing in the Restricted Area between 9pm and 5am (the Curfew Directive) was unlawful and invalid; and
(2) relief under the Charter of Human Rights and Responsibilities Act 2006 in the form of declarations that the Curfew Directive violated the plaintiff’s rights to freedom of movement, liberty and security, not to be subjected to arbitrary detention and not to be deprived of her liberty, as well as declarations that the Curfew Directive operated to detain the plaintiff unlawfully for 8 hours each day, and was unlawful and invalid.