Mornington Peninsula cafe owner Michelle Loielo is challenging the curfew, which requires Melburnians to stay at home between 9pm and 5am to stop the spread of coronavirus.

The curfew restriction was first introduced on August 2, and she claims it has caused earnings at her Capel Sound cafe to drop from $20,000 a week to just $400.

The widowed mother-of-three and aspiring Liberal candidate argued in court documents she had suffered lost income, nervous shock, depression and anxiety.

She claims the curfew is also a breach of her human rights.

Supreme Court Justice Tim Ginnane has set a two-day trial beginning next Monday to determine the case brought against Associate Professor Michelle Giles.

Ms Giles is the deputy public health commander responsible for signing off on emergency powers issued by Chief Health officer Brett Sutton.

In court documents she said she had "had seen from the data a clear and direct correlation between the effect of the stage four restrictions and the reduction of case numbers".

Justice Ginnane has ordered her to back up that claim, requiring her to give a summary of the data and an approximate number of pages of data on which she relied.

Ms Giles' lawyers have notified the court they intend to make a claim of public interest immunity over documents they are required to produce in the case, arguing to hand over the information would not be in the public interest.

Under the state government's roadmap out of lockdown the curfew for metropolitan Melbourne is set to remain in place until October 26.

The curfew was lifted for regional Victoria earlier this month.

Australian Associated Press