The move to hold the hearing on Friday comes as Premier Daniel Andrews has come under pressure to make significant announcements on the state's restrictions on Sunday.
Gerner and his legal team, prominent silks from Hamilton Lockes law firm, claim the state's lockdown has been disproportionate and unconstitutionally denies citizens their basic liberties, such as freedom of movement.
In a statement, Gerner reportedly claims that the lockdown orders "are not reasonably appropriate and adapted to serve any legitimate purpose in a manner that is compatible with ... the system of representative and responsible government."
“This is not what we signed up for and is inconsistent with a free society, representative democratic government and civilised living. Aggressive and heavy-handed enforcement of these restrictions has also alarmed most fair-minded people,” he said.
Throughout Victoria's lockdown reports emerged of heavy-handed policing, gaining international attention.
It also comes as both the federal treasurer and federal health minister called on the Victorian premier to lift restrictions. In the same week, 500 doctors wrote an open letter calling for the Melbourne lockdown to end, with a spokesperson saying it was "disproportionate and unscientific."
"I think there's been a massive collateral damage in the mental health spaces in particular due to the lockdowns. There is a growing number ... of doctors who are greatly concerned about the impact of this lockdown and we are calling for them to cease," said Dr. Eamonn Mathieson on Thursday.
On Thursday, Deputy Health Officer Allen Cheng hinted the state government may on Sunday withdraw the rule for people to remain within 5 kilometres (3.1 miles) of their homes while they are out for one of the four approved reasons.
"We're considering all sorts of things in making those decisions before an announcement on Sunday."