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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.

Short particulars

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)

27/10/2020 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)