Clive Palmer handed border blow in WA Federal Court ruling

Clive Palmer’s bid to break WA’s border closure may be headed for the High Court after he was dealt a legal defeat.

Mining businessman and former federal MP Clive Palmer.

Clive Palmer’s legal bid to tear down Western Australia’s hard border closure is likely headed for the High Court.

Federal Court Justice Darryl Rangiah on Tuesday said WA’s decision to keep out other Australians was more effective in stopping the spread of COVID-19 than other measures such as hotel quarantine.

Justice Rangiah said because of the fast-moving nature of the pandemic, a cautious approach should be taken.

WA’s border was closed on April 5, blocking people who didn’t otherwise have an exemption.

Mr Palmer tried to enter the state on May 22, for what he called reasons related to his business and political interests.

He launched action in the High Court, claiming it breached his constitutional rights.

After initially supporting the former MP’s legal bid, the federal government withdraw from the case.

WA Premier Mark McGowan. Picture: AAP

Justice Rangiah dismissed WA’s calls for another hearing after it claimed it had been prejudiced by the federal government’s withdrawal from the matter, having initially sided with Mr Palmer.

“The prejudice to Western Australia has not been caused by the withdrawal, but by the Commonwealth having intervened in support of the Palmer parties’ case in the first place,” he said.

Justice Rangiah did however support its hard border closure and said if removed, COVID-19 would likely spread throughout the population.

“If persons enter the Western Australian community while infectious, there would be a high probability that the virus would be transmitted into the Western Australian population, and at least a moderate probability that there would be uncontrolled outbreaks,” he said.

“If there were uncontrolled outbreaks in Western Australia, the consequences would include the risk of death and hospitalisation, particularly for vulnerable groups, such as elderly and indigenous people.

“In the worst-case scenario, the health consequences could be catastrophic.”

Justice Rangiah said WA’s hard border closure had meant it had not experienced any community transmission since April 12.

He said replacing the entry ban with hotel quarantine, entry and exit screening and mandatory mask-wearing on planes and in public would be “less effective”.

“In view of the uncertainties involved in determining the probability that COVID-19 would be imported into Western Australia from elsewhere in Australia, and the potentially serious consequences if it were imported, a precautionary approach should be taken to decision-making about the measures required for the protection of the community,” he said.