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Tourism operators dealt blow in first Qld border High Court challenge
A group of tourism operators challenging the Queensland government’s border closure has lost a High Court bid to get copies of the documents the chief health officer relied upon to shut the border.
Tony Zhang
The stunning development in the High Court challenge to the controversial border lockdown could stall the case by forcing the business owners involved to prove how much revenue they have lost since restrictions were enforced.
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The three businesses fighting the border ban argue they rely on unrestricted interstate travel for customers or growth opportunities so the closure, which could last until September, is causing them “financial harm”.
Chief Justice Susan Kiefel described the application for the documents as a “fishing expedition” which can only “result in time being lost”.
Chief Justice Kiefel told the court the application was a “subsidiary” issue when the focus should be on constitutional arguments.
But in a defence argument filed in the High Court, state Solicitor-General Sandy Thompson QC revealed the government “do not admit” the financial hardship is a result of the border restrictions.
Lawyers for Travel Essence, a group of tourism operators, argued the closure is causing them financial harm.
But according to documents filed with the High Court by the Palaszczuk government this week, the closure of Queensland’s borders has not hurt tourism businesses.
The lawyers were expected to ask the government to hand over documents to justify why the Queensland borders remain closed.
The document appears to contradict comments from Premier Annastacia Palaszczuk acknowledging the disastrous financial impact of the restrictions on tourism businesses and workers.
Ms Palaszczuk has reiterated the state's borders will not reopen until at least the end of the month, as the legal challenge led by tourism operators hits a snag in the High Court.
“We are seeing a fantastic health response here in Queensland and we do not want to see a second wave,” Ms Palaszczuk said in Rockhampton on the morning of Thursday, 11 June.
“There is still some community transmission in Victoria. There are still some 360 active cases but it is very encouraging that NSW is now starting to record zero new cases.”
Ms Palaszczuk’s comments came as the second legal challenge against the constitutional right of the border closures is set to begin soon.
Clive Palmer had launched a High Court appeal on the border closures against Queensland and Western Australia, claiming they were unconstitutional and discriminatory.
Furthermore, Lawyers Weekly understands a potential class action could be in place.
Mr Palmer’s office stated they had received a “huge number'' of calls from desperate businesses and will be “pushing for” a class action against the state government on the matter.
