World News – UA – High Court rejects Palmer’s offer to end WA border ban

The High Court has rejected billionaire businessman Clive Palmer’s proposal to declare Western Australia’s tough border ban invalid

The move is a major victory for state premiers who have faced mounting criticism from the Morrison government over border restrictions

In a brief ruling on Friday, the High Court ruled that the McGowan government’s application of the WA Emergency Management Act was consistent with section 92 of the Commonwealth Constitution

The High Court rejected Clive Palmer’s proposal to declare the harsh closure of the WA WAtoday border invalid

Article 92 requires, among other things, that relations between states – that is, the movement of persons between jurisdictions – be absolutely free, but the High Court recognized an exception for reasons of health and of security

WA’s victory is a repudiation of the Morrison government’s attacks on state premiers due to their strict border restrictions

WA Premier Mark McGowan called the decision a significant victory « I will always fight to protect the health of Western Australians, » he tweeted

Attorney General Christian Porter initially intervened to support Mr. Palmer, but then backed down, giving in to political pressure to withdraw

The rigorous closure of the WA border has proven extremely popular, with polls at the height of Victoria’s second outbreak showing 91% of Western Australians support the McGowan government’s position

Shadow Attorney General Mark Dreyfus said the decision was « humiliating » for the government and asked Mr. Wear to free the fees for taxpayers

« Attorney General Christian Porter and the Morrison government have thrown the weight of the Commonwealth behind the failure of Clive Palmer’s challenge to Western Australia’s border laws, » Mr. Dreyfus

« The Commonwealth only gave up on the challenge in the face of a massive backlash, but only after the damage was done and millions of dollars were spent supporting Clive Palmer »

The Court made an order for costs against Mr. Palmer and his company with full reasons for the decision to be released at a later date

Friday’s ruling follows the Federal Court’s August finding that WA remained less at risk of community spread and an uncontrolled and potentially fatal outbreak of COVID-19 with tough borders

Federal Court Judge Darryl Rangiah ruled that the alternatives would not offer the same level of protection to the community, in a rationale for M’s ‘island within an island’ approach McGowan to stop the virus

Justice Rangiah ruled that a precautionary approach should be taken to stop COVID-19 as the worst-case scenario would be catastrophic for the WA community

This decision marks another victory for M McGowan in a bitter legal war with M Palmer, the two men also suing each other for libel

M Palmer is waging another nearly $ 30 billion legal battle with WA over a failed iron ore project that also appears to be heading to the High Court

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Clive Palmer, Western Australia, Mark McGowan, Coronavirus