Posts in Case Notes s12 - Freedom of Movement
Supreme Court of Victoria dismisses challenge to Melbourne curfew

Loielo v Giles [2020] VSC 722

On 2 November 2020, the Supreme Court of Victoria dismissed the first substantive legal challenge to the validity of greater Melbourne’s lockdown laws. Justice Ginnane held that the curfew imposed between 9pm and 5am in greater Melbourne from 13 to 28 September 2020 (Curfew) was a lawful and proportionate measure in response to mounting cases of COVID-19 in Victoria.

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New Zealand High Court finds COVID-19 lockdown measures to be justified under human rights law (but partially unlawful on other grounds)

Andrew Borrowdale v Director-General of Health and Attorney-General [2020] NZHC 2090

A Full Bench (three Judges) of the New Zealand High Court unanimously held that the restrictions imposed by the New Zealand Government in response to the COVID-19 pandemic requiring New Zealanders to stay at home were consistent with the New Zealand Bill of Rights Act 1990 (NZBORA). The Court also held, however, that some public statements went beyond what the orders then permitted and some restrictions were therefore, for a limited time, unlawful.

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Australian Border Force correctly denied couple COVID-19 travel ban exemption to attend their son’s wedding, Federal Court finds

Baker v Commissioner of the Australian Border Force [2020] FCA 836

The Federal Court of Australia upheld the decision of the Australian Border Force (ABF) to refuse an application by an ultra-orthodox Jewish couple for an exemption to the current travel ban, in order to attend their son’s wedding in the United States.

The Court found the ABF had correctly determined that the couple did not provide a “compelling reason for needing to leave Australian territory”, as required for an exemption.

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