Introduction
In the current time of COVID-19, governments implement a series of consecutive steps, by
which it can ensure that civilian lives are being secured from the virus. Therefore in order to
accomplish this borders were being made within the country and regions are being developed
like eastern Australia and western Australia. Therefore because of which civilian travelling is
being affected with the transportation of the business raw materials for maintaining its business
activities. Analysis on the case study of Clive palmer v Western Australia is being done within
the report.
Main body
Case issue
Due to pandemic Australia was divided into two parts that is east Australia or west
Australia. As cases in the east Australia is rising so people who belongs to east Australia is not
allowed to move to west Australia in any situation. A businessman in the Australia whose name
is Palmer who is doing business in west Australia is also not allowed to do business because of
the close border decisions. He was facing problem in transporting their goods to west Australia.
He then file the case in the Australian court that government cannot stop him for moving one
place to another in the same country. As he is doing business in west Australia so should have
given permission to do so. But Palmer has lost the case of western Australia’s border ban. As the
chief justice Susan Kiefel and justice Patrick Keane said that this is not the discriminatory issue
and this decision is justified because of the pandemic (Clive Palmer v Western Australia: border
ban justified by risks of Covid-19, high court reveals., 2020).
As covid 19 cases are increasing day by day, so to control the cases government have to
ban inter state movement and this is not only happened in Australia but in many other countries
also government is imposing such decisions. After the decision has came Palmer said that it is
increasing the difficulty of the public. Court further said that the person who is infected with
covid 19 enters into west Australia and then the risk of community transmission increases and
then that can even become uncontrollable. The closing of the borders of west Australia is in the
benefit of the community only and no constitutional law has been breached in this as borders can
be closed when such situation arises. After this judgement has announced then the five high court
justices said that as per section 92 of the constitution is provide direction that prevent
discriminatory restrictions on interstate trade, commerce etc.
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Clive Palmer v Western Australia: Analysis of Border Ban

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