Flight Centre lawsuit against WA borders running out of time

WA’s rule change for cricketers has softened the resolve of Flight Centre boss Graham Turner to sue the state over its border stand.

Flight Centre managing director Graham Skroo Turner is hopeful the WA government’s decision to allow the English cricket team into the state will clear the way for others to return. Picture: Dan Peled

Legal action by travel group Flight Centre against the West Australian government’s hardline border policy appears less likely after the decision to shorten quarantine for English cricketers.

Flight Centre managing ­director Graham Turner said he was not prepared to rule out court action over Western Australia’s extended border closure and continued to talk to lawyers.

Mr Turner said the main concern was the amount of time it would take for the Federal Court to undertake a judicial review of the border policy, which would likely outlast the border closure.

He also revealed that he was encouraged by the WA decision to trim quarantine to five days for the English and Australian cricketers so Perth’s Ashes Test could proceed in mid-January.

“I do think it’s a positive thing. Whether it’s game-changing or not we will have to wait and see,” Mr Turner said.

“Hopefully that will apply to other people who desperately need to get back into Western Australia – you know, friends and relatives who need to.”

People in Victoria are effectively barred from WA, while fully vaccinated NSW and ACT residents who get approval to enter the state must self isolate for 14-days and return three negative Covid tests.

Premier Mark McGowan has indicated those measures will not be relaxed for people arriving from Covid hotspots until WA’s vaccination rate exceeds 90 per cent, which is not likely until February.

Mr Turner expected to make a final decision on a lawsuit early next week, after further talks with his legal team over the weekend.

He said the “general feeling” from lawyers was that they would have a good chance of success if the case was able to be expedited.

Clive Palmer took the WA government to the High Court last year over its border policy, which was found to be justified due to the health risks posed by Covid. But with 80 per cent of ­eligible Australians now fully vaccinated, the health risk argument could carry less weight.

“The timelines (of the court) are quite significant so we’ve got to take a look at that and make sure it can have an impact,” Mr Turner said. “It’s no use carrying on with legal action if the borders are open when the court case is heard.”

There was no appetite for any retrospective action to seek compensation from the WA government for the losses suffered by Flight Centre as a result of the border closure.

“We were never in the compensation game,” Mr Turner said.

As domestic airlines again prepared to ramp up ahead of the summer holiday season, carriers offered an assurance all customer-facing workers would be fully vaccinated.

Qantas and Virgin Australia have imposed a deadline of Monday for all pilots, cabin crew and customer service staff to be double dosed, with any who ­refuse likely to be redeployed or terminated.

Originally published as Flight Centre lawsuit against WA borders running out of time