WA border closures could delay Mark McGowan, Clive Palmer defamation case, court hears

Western Australia’s border closure could delay the defamation case between Premier Mark McGowan and billionaire Clive Palmer, a court has heard.

Premier Mark McGowan’s hard border closure could delay the defamation case he is fighting against businessman Clive Palmer, a court has heard.

The strict laws preventing entry into Western Australia could also force a proposed mediation onto Zoom, which Justice Michael Lee remarked was not ideal for cases involving “emotional baggage”.

The WA Premier and billionaire former politician are suing each other for defamation after a prolonged public stoush over Mr McGowan’s Covid-19 policies and a state law passed in August 2020 that Mr Palmer claims is unconstitutional.

The WA Premier’s tough border rules could delay the trial, the Federal Court heard on Friday. NCA NewsWire/Tony McDonough

Justice Lee wants the Federal Court dispute to go to trial in February, but there are several potential impediments.

Among them are the ongoing difficulties created by the pandemic, Justice Lee’s packed schedule, the WA parliamentary sitting calendar, the availability of each side’s barristers, an outstanding High Court ruling on the law Mr Palmer says is invalid, and Mr McGowan’s own hard line border stance.

The Premier’s barrister Lyndelle Barnett told the court on Friday there was a risk WA’s border restrictions may still be in place by February.

“I appreciate my client has a degree of control over that,” she said, smiling, “but he has implemented those border controls for a reason.”

“So there is a possibility by February we may not be able to proceed with an in-person hearing in Sydney. But no one can say, really.”

The two men, who the court heard have never met, will ask former WA Chief Justice Wayne Martin to try to mediate their disagreement before heading to trial.

Ms Barnett asked if the mediation could be held over Zoom, a proposal met with a distinct lack of enthusiasm from Mr Palmer’s barrister Peter Gray.

Given Mr McGowan already thought a mediation would be “pointless” and a “waste of time”, Mr Gray said, the prospect of it actually working would be significantly improved if they met face-to-face.

Justice Lee said he tended to agree, particularly in cases involving “emotional baggage”, and added Mr Martin was a “sensible choice” skilled in dealing with “difficult personalities”.

Mr Palmer’s barrister said an in-person mediation would be more likely to actually work. Picture: Richard Gosling.

Mr Palmer alleges Mr McGowan defamed him in six different statements made between July 30 and August 14 last year.

Mr McGowan alleges Mr Palmer defamed him in nine statements made between August 1 and September 1, also last year.

The allegedly defamatory statements relate to WA’s Covid-19 response and the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020, which Mr Palmer alleges is not a valid law and was passed specifically to prevent him obtaining $28bn in damages after a proposed iron ore mine in the Pilbara never went ahead.

Justice Lee asked each side to consider if they were available for a trial across a month in January and February, and advise the court accordingly.

Originally published as WA border closures could delay Mark McGowan, Clive Palmer defamation case, court hears