The Commonwealth Government will withdraw from a legal challenge brought by Queensland businessman Clive Palmer against the closure of the Western Australian state border.
Key points:
- The Federal Government had joined legal action brought by Clive Palmer
- It believes the WA Government’s position is “likely unconstitutional”
- The Commonwealth will now withdraw from its involvement in the case
The action was launched after Mr Palmer was denied entry into WA, with the Commonwealth supporting his position on the basis that it believed the hard border was likely unconstitutional.
After repeated calls by the State Government opposing the Commonwealth’s involvement in the case, Prime Minister Scott Morrison wrote to WA Premier Mark McGowan informing him that the Commonwealth will take no further part in proceedings.
In his letter, dated August 1, Mr Morrison stated that he had “taken into account the changed state of the pandemic”, and noted the “high level of concern regarding public health in the Western Australian community”.
“I consider, on balance, that we must set aside the normal convention in these circumstances and not continue the Commonwealth’s participation in this case,” Mr Morrison wrote.
At a press conference, the Premier said he was yet to receive detailed legal advice as to how the case would be affected by the Commonwealth’s withdrawal, although he suggested the Federal Court hearing may need to be reheard or abandoned.
Mr McGowan also renewed his call for Mr Palmer to withdraw his challenge, saying: “I just ask him, it’s time to listen — withdraw your case.”
In a statement released earlier, Mr McGowan welcomed the withdrawal, but expressed concern it had come too late.
Commonwealth maintains WA border is ‘likely unconstitutional’
The Commonwealth par