Aaron Bunch Journalist with Australian Associated Press | Collection of published work | + 61 484 008 119 | abunch@aap.com.au

Aaron Bunch
Qld border court fight may be too late

Queensland’s treasurer says the state government will vigorously defend in court its decision to keep state borders shut, but it may not be necessary.

June 16, 2020

The Queensland government has declared it will fight tooth and nail to defend the closure of the state’s borders in Australia’s highest court.

The call to arms may not be necessary, however.

Treasurer Cameron Dick told parliament on Tuesday the government will do what it takes to stop the state’s sick southern neighbours from spreading coronavirus in Queensland.

“It is very clear where the epicentre of coronavirus is and that is not Queensland,” he said.

“We will contest this vigorously in the High Court.

“We will pay whatever is necessary to get Queensland through this and to keep Queensland protected.”

It comes as two challenges against the government’s constitutional right to keep the borders shut returned to court for a directions hearing.

Both cases are unlikely to be heard before the borders open, the court was told.

Lawyers for the parties have been unable to agree on some of the base facts about COVID-19 for the High Court hearing.

Chief Justice Susan Kiefel on Tuesday made draft orders to send those disputed matters to the Federal Court to be tested at trial.

“It seems clear that the matters cannot be ready for a June 30 hearing by the court and are unlikely to be ready for some time,” she said.

Billionaire businessman Clive Palmer and a group of businesses and individuals named Travel Essence launched separate legal proceedings after the borders were closed in March.

They were intent on forcing Premier Annastacia Palaszczuk to reverse her government’s decision to isolate the state, saying they want to limit the economic damage caused by keeping the borders shut.

Queensland has also drawn fire from the federal government with Prime Minister Scott Morrison weighing into the case on more than one occasion.

Attorney-General Christian Porter has also told the High Court that lawyers for the Commonwealth will attend the hearings to voice its position that the borders should reopen.

The current plan is to reopen the state’s borders from July 10 but that will be reviewed at the end of the month.

That date also depends on advice from health authorities.

Currently, school students, workers and freight drivers can enter the state without an issue, but Queensland is closed to anyone else.

Mr Palmer is also challenging the Western Australia government’s right to close its border.

Lawyers have until close of business on Wednesday to respond to the draft orders.

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