Palmer v Western Australia
{{Short description|High Court challenge over WA hard border}}
{{Infobox Court Case
| name = Palmer v Western Australia
| court = High Court of Australia
| image = Coat of Arms of Australia.svg
| date decided = 6 November 2020
| transcripts = * 3 Nov {{cite AustLII|HCATrans|178|2020}}
- 4 Nov {{cite AustLII|HCATrans|179|2020}}
- 6 Nov {{cite AustLII|HCATrans|180|2020}}
| full name = Palmer & Anor v. The State of Western Australia & Anor
| citations = {{cite AustLII|HCA|5|2021}}
| judges = Kiefel CJ, Gageler, Keane, Gordon, Edelman JJ
| prior actions =
| appealed from =
| opinions = The Quarantine (Closing the Border) Directions comply with s 92 of the Constitution
| Majority =
| dissenting =
| subsequent actions =
}}Palmer v Western Australia was a case heard by the High Court of Australia during the COVID-19 pandemic, which held that the Quarantine (Closing the Border) Directions and the authorising legislation, the Emergency Management Act 2005, were not impermissibly infringing section 92 of the Constitution of Australia.{{cite web|url=https://cdn.hcourt.gov.au/assets/publications/judgment-summaries/2021/hca-5-2021-02-24.pdf |title=Judgment summary |publisher=High Court |date=24 February 2021}}
Background
On 15 March 2020, the Minister for Emergency Services declared a State of Emergency in Western Australia, due to the COVID-19 pandemic. The following day, a Public Health State of Emergency was declared by the Minister for Health.{{Cite web |title=COVID-19 coronavirus: State of Emergency Declarations |url=https://www.wa.gov.au/government/document-collections/covid-19-coronavirus-state-of-emergency-declarations |access-date=2022-08-10 |website=www.wa.gov.au}} Following the declarations, the Quarantine (Closing the Border) Directions ('Directions
In mid-May 2020, Clive Palmer was refused entry into Western Australia, under the Directions. On 25 May 2020, Palmer commenced proceedings against Western Australia in the High Court,{{Cite news |date=2020-05-22 |title=Clive Palmer threatens High Court challenge to WA border closure after being denied entry |language=en-AU |work=ABC News |url=https://www.abc.net.au/news/2020-05-22/clive-palmer-threatens-high-court-challenge-wa-border-closure/12276368 |access-date=2022-08-10}} on the basis that the Directions and the authorising legislation impermissibly infringed section 92 of the Constitution. Section 92 concerns "trade, commerce, and intercourse among the States", which shall be "absolutely free".{{Cite web |last=corporateName=Commonwealth Parliament; address=Parliament House |first=Canberra |title=The Australian Constitution |url=https://www.aph.gov.au/constitution |access-date=2022-08-10 |website=www.aph.gov.au |language=en-AU |archive-date=2022-08-07 |archive-url=https://web.archive.org/web/20220807230520/https://www.aph.gov.au/constitution |url-status=live }}
Decision
The High Court's decision was handed down on 6 November 2020,{{Cite news |date=2020-11-05 |title=Clive Palmer ordered to pay costs as High Court rules in favour of WA hard border closure |language=en-AU |work=ABC News |url=https://www.abc.net.au/news/2020-11-06/clive-palmer-loses-high-court-challenge-against-wa-border-close/12855286 |access-date=2022-08-10}}{{Cite web |last=McNeill |first=Heather |date=2020-11-05 |title=Clive Palmer loses High Court fight over WA hard border |url=https://www.watoday.com.au/national/western-australia/clive-palmer-loses-high-court-fight-over-wa-hard-border-20201105-p56bso.html |access-date=2022-08-10 |website=WAtoday |language=en}} with its reasons published on 24 February 2021. The court found that the sections of the authorising legislation for the Directions—sections 55 and 67 of the Emergency Management Act 2005—did not impermissibly infringe s 92 of the Constitution in "their application to an emergency constituted by the occurrence of a hazard in the nature of a plague or epidemic".{{Cite web |last=Kiefel |first=Susan |date=24 February 2021 |title=HCA 5 |url=https://eresources.hcourt.gov.au/downloadPdf/2021/HCA/5 |access-date=10 July 2022}} The judgment went on to state that "the exercise of power given by those provisions to make paras 4 and 5 of the Quarantine (Closing the Border) Directions (WA) does not raise a constitutional question", and that costs were to be paid by the plaintiffs.
Consequences
As a result of the unsuccessful challenge to the hard border, the Directions and the hard border remained in effect. Border control measures were eased from 14 November,{{Cite news |date=2020-10-30 |title=WA will have to 'wake up' to the COVID threat now hard border is down, AMA warns |language=en-AU |work=ABC News |url=https://www.abc.net.au/news/2020-10-30/western-australia-hard-border-ends-low-risk-states-allowed-in/12830120 |access-date=2022-08-10}}{{Cite web |title=WA drops its hard border from 14 November |url=https://australianaviation.com.au/2020/10/wa-drops-its-hard-border-from-14-november/ |access-date=2022-08-10 |website=Australian Aviation |language=en-AU}} with some travellers from "very low risk" jurisdictions permitted to enter Western Australia without an exemption.{{Cite web |last=McGowan |first=Mark |date=30 October 2020 |title=Health-based cautious transition to WA's controlled interstate border |url=https://www.mediastatements.wa.gov.au/Pages/McGowan/2020/10/Health-based-cautious-transition-to-WAs-controlled-interstate-border.aspx |url-status=dead |access-date=10 July 2022 |archive-date=26 May 2022 |archive-url=https://web.archive.org/web/20220526073722/https://www.mediastatements.wa.gov.au/Pages/McGowan/2020/10/Health-based-cautious-transition-to-WAs-controlled-interstate-border.aspx }}
Due to comments made by Premier Mark McGowan and Palmer towards each other over the border challenge, each sued the other, with $5,000 and $20,000 awarded to Palmer and McGowan respectively.{{Cite news |date=2022-08-02 |title=Judge slams waste of time as he rules Clive Palmer, Mark McGowan defamed each other |language=en-AU |work=ABC News |url=https://www.abc.net.au/news/2022-08-02/clive-palmer-and-mark-mcgowan-defame-each-other-judge-finds/100098974 |access-date=2022-08-10}}{{Cite web |title=Mark McGowan defends actions after court rules he and Clive Palmer to pay defamation damages |url=https://www.9news.com.au/national/clive-palmer-mark-mcgowan-defamation-trial-verdict/5120915b-3ca3-486c-b233-f0ebd002c999 |access-date=2022-08-10 |website=www.9news.com.au|date=2 August 2022 }}
See also
- Mineralogy v Western Australia – High Court case brought by Palmer against WA over a mining compensation claim
References
{{reflist}}
External links
- [https://www.hcourt.gov.au/cases/case_b26-2020 Case B26/2020 : Palmer & Anor v. The State of Western Australia & Anor]
Category:High Court of Australia cases
Category:Freedom of interstate trade and commerce in the Australian Constitution cases
Category:COVID-19 pandemic in Australia