Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Palmer v State of Western Australia (No 4) [2020] FCA 1221 File number: QUD 183 of 2020
Judgment of: RANGIAH J
Date of judgment: 25 August 2020
Catchwords: HIGH COURT AND FEDERAL COURT – remittal of part of proceeding from High Court of Australia pursuant to s 44 of the Judiciary Act 1903 (Cth) – reasonable need for and efficacy of Western Australia border restrictions – consideration of health risks to the Western Australian community – consideration of alternative measures to protect against risks – findings made
Legislation: Constitution s 92 Evidence Act 1995 (Cth) s 140 Judiciary Act 1903 (Cth) s 44 Privacy Act 1988 (Cth) ss 4 and 94H Emergency Management Act 2005 (WA) Public Health Act 2005 (Qld)
Cases cited: APLA Ltd v Legal Services Commissioner (NSW) (2005) 224 CLR 322 Australian Broadcasting Corporation v Wing (2019) 271 FCR 632 Betfair Pty Ltd v Western Australia (2008) 234 CLR 418 Chamberlain v The Queen (No 2) (1984) 153 CLR 521 Clubb v Edwards (2019) 93 ALJR 448; (2019) HCA 11 Maloney v The Queen (2013) 252 CLR 168 McCloy v New South Wales (2015) 257 CLR 178 Palmer v State of Western Australia (No 3) [2020] FCA 1220 Re Day (2017) 91 ALJR 262; [2017] HCA 2 Thomas v Mowbray (2007) 233 CLR 307 Unions NSW v New South Wales (2019) 264 CLR 595
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