Coronavirus: Clive Palmer thanks Morrison despite PM pulling out of court challenge to Western Australia’s border

Clive Palmer has thanked the Morrison government for participating in his High Court challenge against WA’s hard border, despite Scott Morrison pulling out of his bid.

Clive Palmer says the Morrison government will help determine whether he wins his fight to remove the hard West Australian border. Picture: Richard Gosling.

Mining magnate Clive Palmer has “thanked” Scott Morrison for contributing to his court bid to dismantle Western Australia’s hard COVID-19 border and says the Commonwealth has played its part in his case despite the Prime Minister pulling his support.

Mr Morrison wrote to WA Premier Mark McGowan on the weekend vowing to end the Commonwealth’s co-operation with a High Court bid to remove the hard border, saying he wanted to work with the highly popular Labor leader to reach a compromise.

But federal officials have already testified on Mr Palmer’s case in front of the Federal Court last week and presented facts showing there were alternatives to the border closure. Mr Palmer said on Sunday the Commonwealth’s contribution to the case would still help determine whether he wins his fight to overturn the closure.

“The important issue in this case is revealing the truth that the experts from the Commonwealth and Western Australia governments had to say in court,” Mr Palmer told The Australian.

“In the coming weeks, the Federal Court will make their determination on the facts and all Australians will be better for that decision.”

Mr Morrison’s move to withdraw backing for Mr Palmer’s bid came days after he said he had serious constitutional concerns about Mr McGowan’s internal border closure, which is hailed by the Premier as the key to WA’s success eliminating COVID-19.

Both WA and federal bureaucrats testified in front of the Federal Court to lay out the facts around the WA border closure and the constitutional issues, before legal arguments started.

University of Sydney law professor Anne Twomey said on Sunday Mr Morrison’s move was political and would not stop Commonwealth evidence playing a role in the ultimate decision on Mr Palmer’s bid.

“The Commonwealth has already contributed on the critical issue over whether these laws are reasonably necessary to protect public health … it’s already played its major role,” she said.

“Withdrawing now doesn’t stop the Federal Court taking account of the Commonwealth’s evidence last week in their judgment and ultimately the High Court will consider that too.

“The biggest issue – which has changed in the past two weeks – is for the court to now consider if the Queensland and Northern Territory restrictions on people arriving from COVID hot spots are a reasonable alternative to a hard border closure.”

Attorney-General Christian Porter – who defended the Commonwealth’s decision to intervene in the border case several times last week – said the WA government still had to prepare for the possibility the High Court would remove the border.

“As I said last week, regardless of the role of the Commonwealth in this matter, the court case will proceed and the West Australian Government needs to prepare for all eventualities,” he said.

“The Prime Minister has indicated a desire to work closely with Western Australia on future arrangements and I trust that this cooperative approach will be accepted by the Premier.”

Mr McGowan has called on the mining magnate to now drop his case against the hard border.

“Mr Palmer can now solve this matter by withdrawing his action,” Mr McGowan said on Sunday. “He is showing himself to be Australia’s greatest egomaniac.”

The Mineralogy chief said he wished the best for Mr McGowan and argued the Premier was under pressure from WA health officials.

“This High Court action was not commenced to embarrass the Western Australia Premier. I wish him and his family only the best,” Mr Palmer said.

“Public service has no reward and all of us should realise the Premier is under a lot of pressure following revelations by the WA chief medical officer in the Federal Court, placing on record what the Western Australian government has been up to.”

WA chief medical officer Andy Robertson told the Federal Court last week that it was possible WA could create a travel bubble with states with no community transmission like Tasmania and South Australia.