Coronavirus: Clive Palmer’s false start in border High Court challenge
Clive Palmer’s efforts to overturn WA’s border closure are off to a rocky start after the High Court ordered his legal team to amend its case.
Clive Palmer’s efforts to overturn Western Australia’s border closure are off to a rocky start after the High Court ordered the billionaire’s legal team to amend its case.
Chief Justice Susan Kiefel told the former MP’s legal team on Thursday that it needed to clarify details of its case by 4pm on Friday. “Further work needs to be done on the statement of claim,” Chief Justice Kiefel said.
Mr Palmer is seeking a High Court ruling that WA’s border closure, enacted as part of the state’s response to the coronavirus pandemic, is unconstitutional. His private company Mineralogy has launched a similar claim against Queensland, arguing that the border ban is hurting its business in that state.
Peter Dunning QC, representing Mr Palmer, told the court WA’s border closure was an over-response to the pandemic and had a “protectionist effect” by harming interstate-based businesses with operations in the state. “Businesses that have head offices or management outside WA will be disadvantaged over those that have their senior management inside WA,” Mr Dunning said.
Chief Justice Kiefel noted that any claim on that grounds “would have to take account of the fact that we are living in somewhat of a digital age”.
Mr Dunning is due to clarify whether Mr Palmer still plans to argue that the border ban impinges on his personal rights.
WA Solicitor-General Joshua Thomson told the court the border closure was part of a series of isolation and containment measures to combat the COVID-19 outbreak, and noted it was difficult to quantify the effect on virus transmission rates of relaxing or removing one of those measures.
Mr Palmer’s key asset is his royalty over the Sino Iron mine in WA’s Pilbara region. The mine, owned by Chinese conglomerate Citic, generates more than $200m a year in royalties for the magnate.
WA police commissioner Chris Dawson, who has the power to grant exemptions to the border closure, formally denied Mr Palmer entry to WA earlier this month.
The matter continues.
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