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Parliamentary Questions


Question Without Notice No. 530 asked in the Legislative Assembly on 12 August 2020 by Mr D.R. Michael

Parliament: 40 Session: 1

CORONAVIRUS — INTERSTATE BORDER RESTRICTIONS — HIGH COURT CHALLENGE

530. Mr D.R. MICHAEL to the Attorney General:

I refer to Prime Minister Scott Morrison's promise to have the commonwealth withdraw from the High Court challenge to Western Australia's border and to, instead, offer support for WA. Can the Attorney General update the house on the status of the commonwealth's intervention in these proceedings?

Mr J.R. QUIGLEY replied:

I want to give a bit of background to the commonwealth's both confused and disgraceful intervention in these proceedings. Firstly, once Mr Palmer launched the proceedings, the motivation for which is now laid bare to the chamber—that is, just to come over the border and plunder Western Australia for $30 billion—the commonwealth intervened through the Attorney-General. At that time, he said, publicly, that he was intervening to assist the court with the law. Shortly before the hearing was to convene on 13 July, our witness, Professor Loguke—the best epidemiologist in Australia—became unavailable because she had to go and help in Victoria. We had to make an application to adjourn the hearing for a fortnight so that the Solicitor-General could confer with that witness. We wrote to the federal Attorney-General, Mr Porter, and his response was that the commonwealth would take a neutral position on the adjournment application by WA. When we went to court the next morning, Mr Porter went the other way, supported Clive Palmer and opposed the adjournment so that we could not get to speak to the professor who was going to support Western Australia. Fortunately, the judge overruled both Mr Palmer and Mr Porter and gave us the two-week adjournment.

The SPEAKER: Attorney General, your phone is on the table and once the information gets tabled, you will lose your phone for the rest of the day.

Mr J.R. QUIGLEY: I will bear that in mind.

It is important I get the truth out there. Mr Porter was then still maintaining that he was only intervening on behalf of the commonwealth to assist the court. In the hearing, he put in a 25-page attack on Western Australia's defence of Clive Palmer's action and I table that in the chamber today.

[See paper 3557.]

Mr J.R. QUIGLEY: It is a 25-page attack by the Attorney-General of the commonwealth upon Western Australia. No wonder his own constituents on Facebook went off and started calling him the Benedict Arnold of Western Australia. On the Saturday, I published a notice of intervention that clearly stated that the Attorney-General intervened in support of the plaintiffs, which are Clive Palmer and Mineralogy, so he was in there, full force, supporting Clive Palmer and Mineralogy on what the Premier has described as what appears to be a payoff by the Liberal Party to Clive Palmer for the $60 million or $80 million payoff—that is one alternative; I will give members the other one—during the last federal election campaign. Mr Porter must be asked questions. If he does not know what Clive Palmer's true motivations were, which were nothing to do with the border, Clive Palmer has played him for a dope and sucked him into some High Court proceedings to support Clive Palmer coming across the border to plunder Mr Porter's home state of Western Australia of $30 billion.

But there is a way for Christian Porter to redeem himself, and it is the only way to redeem himself at this stage of the High Court proceedings, and that is to file a notice of intervention in support of Western Australia, to maintain the hard border, to stop Clive Palmer coming back across the border to plunder the state of Western Australia for funds. I implore and make an open request in this Parliament. Where Christian Porter sits as an Attorney General to forthwith file a notice of intervention that would state, ''The Attorney General intervenes in support of the first and second defendants,'' that is the state of Western Australia and our State Emergency Coordinator, Mr Christopher John Dawson.

That is the state of proceedings and we are waiting for the federal court to make its ruling on the High Court's remittance. It is not too late. The Federal Court expects to deliver its decision on 24 August. There is now ample time for Christian Porter, the federal Attorney-General, to file a notice of intervention in support of Western Australia and its hard border. May it please you, Mr Speaker.