Morgan’s Bar and Restaurant owner, hotelier Julian Gerner takes lockdown fight to High Court
A top Melbourne hospitality figure is challenging Victoria’s tough lockdown restrictions, securing leading barristers to take his fight to the High Court. At 4pm today it became official.
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Hotelier Julian Gerner has filed his writ and statement of claim at the Melbourne Registry of the High Court of Australia, to challenge the validity of Premier Daniel Andrews’ lockdown of Melbourne.
The prominent hospitality figure has engaged leading barristers, Bret Walker SC and Michael Whyles QC, who will seek an urgent expedited hearing before the High Court of Australia, amid growing discontent over restrictions which are expected to be extended past October 19.
Gerner, who owns Morgan’s restaurant and bar in Sorrento, is a former director of the Melbourne Pub Group. He said he was taking a stand against living in a “police state”, not only for himself but for all Victorians, most of whom are fed up and dismayed by the lockdown situation.
“The Victorian Governent is denying our basic freedoms as Australian citizens under our Federal Constitution, including our right to freedom of movement to undertake personal, family, recreational and commercial endeavours and otherwise go about our normal lives reasonably,’’ Gerner said.
He added: “Being locked at home for 23 hours a day, now 22 hours a day, not being allowed to travel more than five kilometres from home, needing permits to work and travel, being denied the ability to see friends and family or work or go to school. This is not what we signed up for and is inconsistent with a free society, representative democratic government and civilised living. Aggressive and heavy handed enforcement of these restrictions has also alarmed most fair minded people.
“The Victorian Government has introduced this crazy lockdown to purportedly reduce the spread of the COVID-19 virus. However, most medical experts have questioned whether lockdowns were a mistake and an over-reaction and whether they have created significantly more health problems among Victorians than the exaggerated risks presented by COVID-19.
“That is apart from the economic devastation caused by the lockdowns. In that regard, hundreds of Victorian doctors have signed an open letter to the Premier to that effect. Most people think the Chief Medical Officer, Brett Sutton is completely out of his depth and the Premier with no qualifications thinks he is a medical expert. This stuff would be laughable if it was not such a human tragedy.
“I do not belong to any political party and regard this as a bi-partisan issue.”
Gerner said with NSW COVID-19 case numbers not that much different to Victoria, many Victorians are frustrated with the stark contrast to the freedoms enjoyed by NSW residents.
“Infection rates are low in Victoria and last week, Chair of Epidemiology at Deakin University, Catherine Bennett, put the odds of even contracting Coronavirus in Melbourne as many times less than the chance of being struck by lightning,’’ he said.
“Similarly, infectious diseases expert, Professor Peter Collignon, has questioned the need for mandatory use of face masks, particularly outside where he stated that the chance of you getting or giving COVID-19 is “minuscule”.
“Controversially, Premier Andrews has aggressively sought to mandate masks everywhere on an ongoing basis, despite admitting that it was more his personal view rather than based on expert medical advice.”
Gerner has started the unlock hospitality movement along with restaurateurs Paul Dimattina, Chris Lucas, Guy Grossi and other leading chefs.
He also created the “Gold Standard” health and wellbeing plan in consultation with other leading hospitality operators.
It is a comprehensive accreditation layer that is in addition to and goes above the “COVID-safe” reopening plans submitted to government.
The proposal has been submitted to Premier Andrews’ Victorian COVID Advisory Group, with the hope the blueprint would encourage a fast-tracking of the reopening road map timetable.
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