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Rowson, Mark v The Secretary, Department of Justice [DOJ]; The Commissioner, Corrections Victoria & The State of Victoria  VSC 236
TORT, INJUNCTIONS, HUMAN RIGHTS
Supreme Court of Victoria
Common Law Division
Rowson, Mark v The Secretary, Department of Justice [DOJ]; The Commissioner, Corrections Victoria & The State of Victoria
1 May 2020
TORT - Duty of care to prisoner - Risk of contracting COVID-19 - Application to be released from prison for purpose related to health - Application yet to be determined - Whether prima facie case that duty of care breached - Discretionary considerations - Appropriate interlocutory orders - Corrections Act 1986 ss 47(1),57A, 112D, 112O.
INJUNCTIONS - Interlocutory injunctions - Preserve subject matter of proceeding - Inherent jurisdiction - Supreme Court Act 1986 s 37.
HUMAN RIGHTS - Charter of Human Rights and Responsibilities - Right of recognition and equality - Right of Life - Humane treatment when deprived of liberty - Whether rights unreasonably limited - Charter of Human Rights and Responsibilities Act 2006 ss 7(2),8, 9, 22, 38.