Commonweath pulls out of High Court challenge against WA border closures

Scott Morrison has pulled the Commonwealth out of the High Court challenge against WA’s border closures.

Scott Morrison said he understood the actions by WA and other states had been taken in “good faith” and proposed a series of consultative steps between the jurisdictionsPicture: NCA NewsWire / Gary Ramage

Scott Morrison has pulled the Commonwealth out of the High Court challenge against Western Australia’s border closures started by Queensland businessman and former federal MP Clive Palmer.

The Prime Minister has talked to the West Australian Labor Premier, Mark McGowan, and proposed a “pandemic” truce based on co-operation between the States and Commonwealth governments aimed at avoiding a constitutional fight.

In a letter to the Premier Mr Morrison said given the circumstances of the pandemic and decisions on border closures being “taken in good faith” he had decided the Commonwealth would withdraw its in-principle support for the High Court challenge and work with the states on a series of principles governing border closures.

WA Premier Mark McGowan. Picture: NCA NewsWire / Joel Griffiths

Mr McGowan and Federal Labor have publicly called on the Morrison Government to withdraw the Commonwealth from the High Court action by the billionaire mining magnate who is arguing the border restrictions are contrary to section 92 of the constitution which provides for freedom of movement between the states.

The Commonwealth joined the challenge in opposing WA’s hard border closures.

But in a letter to Mr McGowan Mr Morrison said the Federal Government had decided to withdraw from the action - despite earlier warning of potential constitutional problems - for the sake of co-operation during the pandemic.

Mr Morrison said he understood the actions by WA and other states had been taken in “good faith” and proposed a series of consultative steps between the jurisdictions which may limit the constitutional threat and allow health decisions to be taken.

Mr Morrison said the Commonwealth was expected to join cases of constitutional nature but in this case would withdraw, leaving Mr Palmer on his own.