Palmer & Anor v. The State of Western Australia & Anor
Case No.
B26/2020
Case Information
Catchwords
Constitutional law – Section 92 – Quarantine (Closing the Border) Directions (WA) (“Directions”) – Emergency Management Act 2005 (WA) (“Act”) – Where on 15 March 2020, pursuant to s 56 of Act, WA Minister for Emergency Services declared state of emergency over whole State of WA to address pandemic caused by COVID-19 – Where state of emergency continued and extended – Where on 5 April 2020, State Emergency Coordinator (second defendant) issued Directions, purportedly pursuant to ss 61, 67, 70 and 72A of Act – Where Directions prohibited entry to WA with limited exceptions for “exempt travellers” – Where Directions subsequently amended, but no change made to broad aim of implementing “hard border” policy – Where first plaintiff Chairman and Managing Director of second plaintiff – Where second plaintiff corporation holds interests in mining projects in WA, and has offices and staff in Brisbane and Perth – Where first plaintiff ordinarily resides in Queensland, but travels to WA often for business, social, charitable, and political purposes – Where first plaintiff unsuccessfully applied for “exempt traveller” status – Whether Directions and/or Act wholly or partly invalid on basis that they impermissibly infringe s 92 Constitution.
Documents*
25/05/2020 Writ of Summons
28/05/2020 Hearing (Single Justice, Brisbane)
12/06/2020 Hearing (Single Justice, Brisbane)
16/06/2020 Hearing (Single Justice, Brisbane)
12/08/2020 Hearing (Single Justice, Brisbane)
04/09/2020 Hearing (Single Justice, Brisbane)
10/09/2020 Order referring matter to the Full Court
15/09/2020 Hearing (Single Justice, Brisbane)
16/09/2020 Hearing (Single Justice, Melbourne) - VACATED
17/09/2020 Hearing (Single Justice, Brisbane)
22/09/2020 Written submissions (Plaintiffs)
22/09/2020 Chronology (Plaintiffs)
25/09/2020 Written submissions (Mr Ludlow seeking leave to intervene)
28/09/2020 Notice of constitutional matter (Mr Ludlow seeking leave to intervene)
12/10/2020 Written submissions (Defendants)
19/10/2020 Written submissions (Attorney-General for the State of Victoria intervening)
19/10/2020 Written submissions (Attorney-General for the State of South Australia intervening)
19/10/2020 Written submissions (Attorney-General for the Australian Capital Territory intervening)
19/10/2020 Written submissions (Attorney-General for the Northern Territory of Australia intervening)
19/10/2020 Written submissions (Attorney-General of the State of Queensland intervening)
19/10/2020 Written submissions (Attorney-General for the State of Tasmania intervening)
26/10/2020 Reply
02/11/2020 Written submissions (Plaintiffs)
02/11/2020 Written submissions (Defendants)
03/11/2020 Hearing (Full Court, Canberra)
03/11/2020 Outline of oral argument (Plaintiffs)
03/11/2020 Outline of oral argument (Defendants)
04/11/2020 Hearing (Full Court, Canberra)
04/11/2020 Outline of oral argument (Attorney-General for the State of Victoria intervening)
04/11/2020 Outline of oral argument (Attorney-General for the State of South Australia intervening)
04/11/2020 Outline of oral argument (Attorney-General for the Australian Capital Territory intervening)
04/11/2020 Outline of oral argument (Attorney-General of the State of Queensland intervening)
04/11/2020 Outline of oral argument (Attorney-General for the State of Tasmania intervening)
06/11/2020 Pronouncement of orders
24/02/2021 Judgment (Judgment summary)