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Australia Clive Palmer loses High Court fight over WA hard border

23:40  06 november  2020
23:40  06 november  2020 Source:   watoday.com.au

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The High Court finds Western Australia 's coronavirus border closure does not breach the Constitution, dismissing billionaire miner Clive Mr Palmer launched his fight after being denied an exemption to enter WA . The hard border was introduced in April to slow the spread of COVID-19.

The High Court has knocked back billionaire miner Clive Palmer 's challenge against Western Australia 's COVID-19 hard border closure. So what does this mean for the ever-changing state borders across the country as we grapple with the pandemic?


Mining billionaire Clive Palmer. © AAP Mining billionaire Clive Palmer.


Mining billionaire Clive Palmer has lost his legal bid to have WA's hard border deemed unconstitutional after the High Court of Australia ruled in favour of the state government.

The court was tasked with deciding whether Western Australia's hard border was justified or whether the state's 'all-or-nothing' approach pushed the unprecedented closure into unconstitutional territory.

On Friday morning, the High Court ruled "by at least a majority" the border was lawful, and ordered Mr Palmer to pay costs.

The legal battle continued in front of a full bench of High Court justices earlier this week, despite WA Premier Mark McGowan announcing on October 28 the state would move to a border policy akin to what Mr Palmer had been arguing for.

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The High Court is set to hear a landmark case brought by billionaire miner Clive Palmer , challenging Western Australia 's hard border closure to stem the spread of coronavirus. The hearing, which starts on Tuesday, comes despite WA Premier Mark McGowan having announced his state would reopen

challenge-against- wa - border -close/12855286 … WA : So we can secede? Yeh? 0 ответов 0 ретвитов 2 отметки «Нравится». Can't argue against what the majority want. Plus we don't want corrupt clive in our state anyway.

The new measures will allow travel into WA from other jurisdictions which have eliminated COVID-19, including the Northern Territory, South Australia, Queensland, the ACT and Tasmania.

All of the jurisdictions eliminated community transmission of coronavirus by May, however, the WA government - taking a precautionary approach to the virus and eyeing Victoria's second wave - elected to keep its border closed for a further five months.

During that time, Queensland and South Australia had minor outbreaks as a result of three positive cases crossing the borders from Victoria. Each of the clusters have since been extinguished.

Mr McGowan said the High Court decision was a significant victory for WA.

"The borders have proved to be essential to protect the health and welfare of the people of Western Australia," he said.

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  Palmer takes WA border fight to High Court A High Court case could have significant ramifications for the ability of people to move around Australia during the pandemic.The hearing, which starts on Tuesday, comes despite WA Premier Mark McGowan having announced his state would reopen its borders to all states and territories from November 14, with some restrictions remaining for people from NSW and Victoria.

The high court has rejected Clive Palmer ’s challenge against Western Australia ’s border ban. In orders pronounced on Friday, five justices of the court unanimously held that the state’s quarantine directions and the emergency management law authorising them do not breach the constitution.

Scott Morrison escalates his dispute with Mark McGowan over Western Australia 's hard border closure The Premier says WA will keep fighting Clive Palmer 's legal bid. One expert has told court a "targeted" Mr Palmer 's WA border challenge is set to be decided in the High Court later this year.


Video: Palmer loses High Court challenge to WA's hard border (ABC NEWS)

"We were always confident of our position for the last eight months. We have fought tooth and nail, day and night to protect the state against all who sort to tear down the borders.

"This is a comprehensive drubbing of Clive Palmer, Mr Palmer is only interested in himself ... he keeps trying to take our health and take our wealth and we will keep fighting him at every turn."

In the end, Mr Palmer was alone in his fight against WA after the federal government, originally a supporter of his case, withdrew at the eleventh hour of earlier Federal Court proceedings in July.

Every other Australian state and territory, except for New South Wales, had since intervened in support of WA, each broadly arguing states should have the right to make their own decisions when it comes to preventing the spread of COVID-19.

WA's border fight returns to High Court

  WA's border fight returns to High Court WA will continue its arguments to the High Court on Wednesday in its battle with billionaire Clive Palmer over its border closure to stop the coronavirus.WA's solicitor-general Joshua Thomson will on Wednesday finish arguing the state's case, centred on the border closure being necessary to reduce the risk of coronavirus entering and spreading.

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

The High Court has rejected billionaire businessman Clive Palmer 's bid to have Western Australia 's hard border ban ruled invalid. The decision is a major victory for state premiers who have faced growing criticism from the Morrison government over border restrictions.

However, Mr Palmer's barrister, Peter Dunning QC, claimed during the High Court hearing on Tuesday there was "no rational basis" for WA's 'all-or-nothing' approach, and that it tipped WA's state of emergency laws into unconstitutional waters by limiting people's freedoms.

"If what you wanted to do was to exclude people from two states [Victoria and NSW] but you are excluding them from every state, however sincerely the view might be held, objectively that cannot be for the prevention of COVID," he said.

Asked by Justice Stephen Gageler AC if Mr Palmer's case "all came down to whether the border restriction was reasonably necessary to prevent the spread of COVID", Mr Dunning replied, "yes".

WA Solicitor-General Joshua Thomson SC argued the hard border was reasonable and the most effective way of preventing the interstate spread of COVID-19, a position supported by Federal Court Justice Darryl Rangiah, who was tasked with determining the facts of the case in August.

"There is no finding of fact that there are equally effective means of preventing travellers from low-risk jurisdictions causing a COVID-19 outbreak in Western Australia," Mr Thomson said.

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"There is no finding of fact that there is zero risk of importation of COVID-19 from low???risk jurisdictions. In fact, the judge was really asked to make those findings, but he did not make them.

"It is not a case that a decision has been made finally at this point that these borders can be lifted. It is a case where this has been a calibrated approach based on the circumstances that factually exist."

Mr McGowan told Parliament on Wednesday the state's right to decide how to manage its border was "incredibly important".

"That's why the ACT, Tasmania, Queensland, the Northern Territory, South Australia and Victoria have all backed us in this case," he said.

"They know how important this is for the health and safety of all Australians, that states have the right to intervene to protect the health and safety of the people in their jurisdictions."

WA will be the last jurisdiction to reopen its border on November 14, with other states and territories moving to open to NSW this month, and Victoria by December under a federal-led plan to reunite the country.

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usr: 1
This is interesting!