Palmer v Western Australia [2021] HCA 5

In Palmer & Anor v The State of Western Australia & Anor [2020] HCATrans 180 the High Court was asked whether the Quarantine (Closing the Border) Directions (WA) and/or the authorising Emergency Management Act 2005 (WA) were invalid because they impermissibly infringe section 92 of the Constitution. The court responded that on their proper construction, ss 56 and 67 of the Emergency Management Act 2005 (WA) in their application to an emergency constituted by the occurrence of a hazard in the nature of a plague or epidemic comply with the constitutional limitation of section 92 of the Constitution in each of its limbs.

Click to access Palmer-Anor-v-The-State-of-Western-Australia-Anor-2020-HCATrans-180.pdf

The detailed reasons were later published in Palmer v Western Australia [2021] HCA 5.

Click to access palmer-v-the-state-of-western-australia-2021-hca-5.pdf

ABC: “Clive Palmer loses High Court challenge to Western Australia’s coronavirus border closure“:

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WA Today: “Clive Palmer loses High Court fight over WA hard border“:

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