Government seeks to throw out COVID-19 lockdown class actions

The lead plaintiff in the business class action is owner of Keilor Park restaurant 5 Districts NY Anthony Ferrara, who said in court documents that his financial situation was not his fault and the lawsuits “are calling to account those who put us in this dire position”.

The Supreme Court has the power to dismiss cases it deems “scandalous, frivolous or vexatious,” or which are an abuse of the process of the court. Neither plaintiffs have been provided with the application yet.

Genomic testing has shown that almost all the cases of COVID-19 during Victoria’s second wave of transmission – which at its peak was generating more than 700 cases a day – could be traced back to a handful of infections among security guards at two quarantine hotels in Melbourne.

The litigation got off to a bumpy start when barrister Adam Hochroth, who represents businesses, said they had contacted government lawyers to begin discussions, but didn’t hear back before they came to court.

Mr Hochroth told the court last August that it was unsatisfactory that the Andrews government had briefed lawyers to appear in the case just a few days before a hearing.

Government barrister Liam Brown had previously told the court that several factors, including findings from the Coate inquiry into hotel quarantine, the uncertain future of other class actions and ongoing challenges of the pandemic meant delaying the litigation was appropriate.

Lawyers for the Andrews government and Quinn Emanuel partner Damian Scattini, who is representing the businesses, said they could not comment on the matter given it was before the court. Managing partner at Carbone Lawyers Tony Carbone said the firm would “vigorously fight this challenge”.

Comment has been sought from the state government.