Two challenges against Queensland’s coronavirus border closures have been discontinued after the state government agreed to open the borders.

July 2, 2020

Two legal challenges against Queensland’s coronavirus border closures have been abandoned after the state government announced they would reopen.

Billionaire businessman Clive Palmer and business group Travel Essence were fighting the March decision to isolate Queensland, saying it would decimate the economy.

But they discontinued their actions on Thursday in the Federal Court in Brisbane so long as the borders reopen on July 10 as Premier Annastacia Palaszczuk has previously announced.

The challenges were initially launched in the High Court on constitutional grounds but were referred to the Federal Court after the parties became bogged down in disagreements over coronavirus facts.

Queensland’s Solicitor-General Sandy Thompson QC told Justice Darryl Rangiah his state would now intervene in Mr Palmer’s fight with Western Australia over its border closure.

A two-day hearing for this case is scheduled to start on April 13, however, Western Australia has applied for a two-week adjournment, which may be granted.

WA Solicitor General Joshua Thomson SC said one of the state’s Canberra-based coronavirus experts had been called to Victoria to help fight the pandemic and may need to self-isolate on return to the ACT on July 11.

But Commonwealth Solicitor-General Stephen Donaghue and Mr Palmer’s lawyer, Peter Dunning QC, were not in favour.

The case was of national significance, Mr Donaghue said.

“To delay the trial of this matter in a way that allows that constitutionally questionable border to remain in force for weeks, if not longer, than otherwise is necessary should require the strongest of evidentiary foundations for the adjournment,” he said.

Mr Donaghue said there was also no guarantee other experts would not also be called away, which risked the hearing being again “kicked down the road”.

“All the while the status quo favours the position of the variant that is under constitutional attack,” he said.

Justice Rangiah declined to grant WA’s application until all the evidence that will be presented at the hearing was submitted to the court.

The case will return to the Federal Court on July 8 for another case management hearing.