This morning, the Supreme Court in Victoria dismissed our constitutional challenge to the government’s lockdown laws.
I genuinely thought we were going to win.
Our legal dream team was outstanding — led by a Harvard Law star, Kathleen Foley, and our Fight The Fines champion, Madeleine Smith.
They were brilliant at the trial—especially day two, where they cross-examined the state’s witnesses. It was incredible. We’re still waiting on rights to publish the transcripts before we can show you that.
But also our brave plaintiff: a lovely woman from Melbourne named Kerry Cotterill, a mum, a grandma and a great-grandma, for goodness sakes. She showed such courage (and a sense of humour)!
And the government’s conduct was so outrageous — if you remember, they arrested and fined Kerry for walking outside by herself, with a mask on, simply because she was holding a hand-made sign criticizing Dan Andrews.
I thought it was the perfect test case to win back our freedoms.
But this morning, we lost.
And not only did we lose the case, but the government is actually asking the court to make Kerry pay their legal fees! (Their legal fees are already paid by taxpayers — including by Kerry. They want to punish her!)
This news dashed me.
I was truly sad — not just for Kerry, but for all Australians.
But I just got off the phone with Kerry, and our legal dream team, and I have a flicker of hope because we’re going to appeal this ruling to the Court of Appeal or possibly even the High Court if needed.
This case is just too important. It’s about our freedoms. It’s about whether or not we’re still a liberal democracy — or if this permanent “emergency” is now the new normal, and police authoritarianism is our dark future.
We respectfully disagree with the judge.
And so this afternoon, Kerry and I decided: if we can crowdfund the cost of an appeal, we’ll do it. We huddled with our legal team, and we gave them the go-ahead. Freedom is not dead yet!
I really wish we had won the case this morning.
I was up all night last night, worried and excited about today’s ruling. I let myself hope a little bit, and this morning that was dashed. That hurt a lot, and seeing the look of disappointment on Kerry’s face was the hardest part of all.
But when we talked about appealing, and continuing the fight, she was 100% in. (I love her!)
I believe this is the most important court case in Australia right now. And I believe we have to appeal, to the Court of Appeal, and even all the way to the High Court if needed. This really is the case that will decide how free we are as a people.
Kerry’s up for the fight, and so am I.
So, if you’re willing and able, please help us cover the enormous legal bills by donating what you can at SaveVictoria.com