High Court rules on Clive Palmer’s WA border battle

The High Court has rejected billionaire Clive Palmer’s claim that the West Australian border closure was unconstitutional.

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.

This is a significant victory.

I will always fight to protect the health of Western Australians.

Thank you, WA. pic.twitter.com/hJ0fS9WJ7D

— Mark McGowan (@MarkMcGowanMP) November 5, 2020

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.

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

The WA government defended the border saying it was an appropriate means of protecting residents during the coronavirus pandemic.

WA solicitor general Joshua Thomson told the court that the health and safety of the WA population was a legitimate reason for freedom to be breached to some extent.

“It’s hard to imagine a more serious threat than a pandemic,” he said.

The court also heard findings from the federal court, which concluded the hard border had been “substantially effective” at reducing the risk of reintroduction of COVID-19 and community transmission.

Mr Thomson argued social distancing and face masks were not equally effective.

This position was also supported by the solicitor-generals of several jurisdictions during two days of hearings held this week.

The federal government had intervened in the proceedings but later withdrew.

Mr Palmer’s counsel Peter Dunning QC agreed it had been reasonably necessary to close the border.

But said the problem was it was “not later revoked”.

He unsuccessfully argued the border should have been opened to “low risk” states and territories because it would not increase the risk to West Australians.

WA intends to open its border to all jurisdictions on November 14 but will require people from NSW and Victoria to quarantine for two weeks.