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Commonwealth bows out of Clive Palmer border challenge
The federal government will no longer support Clive Palmer’s High Court challenge on Western Australia’s border closures amid Victoria’s rising coronavirus cases.
Naomi Neilson
Prime Minister Scott Morrison has withdrawn federal government support from a High Court challenge against Western Australia’s border closures as Victorians grapple with a spike in coronavirus cases and further movement restrictions amid a second wave.
“While taking constitutional responsibilities seriously in seeking to respect established conventions, I also accept that recent events in the eastern states, especially Victoria, are creating real concerns to residents in other states less impacted,” he wrote.
“I do not wish to see these concerns further exacerbated in Western Australia.”
In a statement, Mr McGowan welcomed the withdrawal but questioned whether it had come too late in the “legal process”. He then confirmed he was yet to receive detailed legal advice as to how the case would be affected by the Commonwealth’s withdrawal but suggested that the Federal Court hearing may be reheard or abandoned.
If the challenge goes ahead, a ruling is expected in the High Court in October following the four-day hearing that finished in the Federal Court recently.
Mr McGowan has also renewed calls for Clive Palmer to withdraw the court challenge, suggesting that he wishes to enter the state so he could promote hydroxychloroquine as a coronavirus cure to residents: “It’s time to listen – withdraw your case.”
Mr Palmer purchased almost 33 million doses of hydroxychloroquine; the anti-malarial drug promoted by US President Donald Trump that has since been proven ineffective.
“He wanted to come to Western Australia to promote hydroxychloroquine to the people of the state as some sort of cure for COVID,” Mr McGowan told reporters.
Mr Palmer hit back, telling supporters that Mr McGowan knows the mortality rate of his residents has not increased due to the coronavirus “yet he continues to mislead the people of WA for political [grandstanding]”.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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