A Mornington Peninsula cafe owner has mounted a legal challenge over Victoria's coronavirus curfew, arguing it is putting her small business at risk.
Michelle Loielo filed a suit in Victoria's Supreme Court on Tuesday, saying she has lost 99 per cent of business under the state's stage four restrictions.
The curfew, which affects metropolitan Melbourne, originally required people to stay home between 8pm and 5am, but was pushed back to 9pm from Monday.
The widowed mother of three - who last month flagged plans to seek pre-selection for the Liberal Party - says the curfew violates her rights to freedom.
She says her business in Capel Sound used to bring in up to $20,000 a week in earnings.
"Last week I made $400," she wrote in a court document supporting her claim.
"This situation troubles me greatly, as I am the sole financial provider for my three children and 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."
Ms Loielo said the business was running at a loss, and trying to keep it afloat while caring for her children had taken a significant toll on her health.
In a post on her restaurant website on 8 August, Ms Loielo said the industry had taken an "absolute beating" in 2020 and she had had to remodel, reshuffle and rethink everything to do with her business.
"To this end, I have become heavily involved in local politics and discussions and 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 wrote.
Court documents, filed by Marcus Clarke QC, argue the curfew direction is invalid on grounds of irrationality and illogicality.
Mr Clarke has previously provided expert advice to Victoria's state opposition over the legality of changes to Victoria's state of emergency, which has been extended.
In an originating motion he says the curfew is not reasonably proportionate, and not based on relevant and reliable evidence in line with public health laws.
Police move protesters on through the Queen Victoria Market during an anti-lockdown protest in Melbourne on Sunday. Source: AAP
It says Victoria's Deputy Public Health Commander, Associate Professor Michelle Giles, "failed to give any real independent consideration to whether it was appropriate to make the curfew".
Ms Loielo, the DHHS and shadow attorney-general Edward O'Donohue have been contacted for comment.
Metropolitan Melbourne residents are subject to Stage 4 restrictions and must comply with a curfew between the hours of 9pm and 5am. During the curfew, people in Melbourne can only leave their house for work, and essential health, care or safety reasons.
Between 5am and 9pm, people in Melbourne can leave the home for exercise, to shop for necessary goods and services, for work, for health care, or to care for a sick or elderly relative. The full list of restrictions can be found .
All Victorians must wear a face covering when they leave home, no matter where they live.
People in Australia must stay at least 1.5 metres away from others. Check your state’s restrictions on gathering limits.
If you are experiencing cold or flu symptoms, stay home and arrange a test by calling your doctor or contact the Coronavirus Health Information Hotline on 1800 020 080. News and information is available in 63 languages at
