Court smacks down Palmer’s border claim

 

Billionaire Clive Palmer has lost his legal fight against Western Australia's border closure, with the High Court ruling it did not breach the constitution.

The mining magnate took up the court battle after his exemption to enter the state in May was knocked back.

Chief Justice Kiefel told the court WA's quarantine directions to close the border and the authorising Emergency Management Act were not invalid because they did not infringe on section 92 of the constitution.

Under that section of the constitution, trade, commerce and movement among states should "be absolutely free".

But Justice Kiefel said because the closure did not impinge on the constitution, "no issue was taken about the validity" of the quarantine rules.

Mr Palmer will be forced to pay the court costs.

The WA government defended the border as an "effective" way of protecting residents from the spread of coronavirus during the pandemic.

WA Premier Mark McGowan on Monday said he was ‘confident’ the state would win the High Court challenge. Picture: Jackson Flindell
WA Premier Mark McGowan on Monday said he was ‘confident’ the state would win the High Court challenge. Picture: Jackson Flindell

This decision to not open WA up to other "low risk" states over the past few months was supported by the solicitor-generals of several jurisdictions during two days of hearings held this week.

 

 

 

 

Originally published as Court smacks down Palmer's border claim



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