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Don’t Cough on Clive

Free Law Seminar

This webinar takes you through the Palmer High Court challenge to Western Australia’s Hard Border. The Hard Border was, of course, put in place to minimise the spread of SARS-CoV-2 and the associated Covid-19.

The webinar focuses on s92 of the Australian Constitution which provides for free intercourse (that is, travel) between the States. Clive Palmer was refused entry to Western Australia because of the Hard Border – so he is claiming his constitutional freedom under s92 has been infringed. There has been a Federal Court hearing, but the case isn’t over. The Federal Court simply made certain findings as to the efficacy of, and the reasonable need for, the Hard Border.

The High Court has yet to determine the underlying s92 issue.

This webinar concludes that the Hard Border will probably be upheld against States and Territories that had an unknown, moderate or high risk of transmission of SARS-CoV-2 / Covid 19 at the time of the Federal Court judgment. Relevantly, that included Queensland. The webinar doesn’t consider the financial and other stoushes between Clive Palmer and the government. Rather, it calls for a calm consideration of the deep democratic, justice, and health issues presented by this most fascinating case.

Whilst this webinar is aimed at lawyers, nonlawyers will also benefit from it, as it refers to many relatable themes.

Professional Development

Edith Cowan University is approved to provide continuing professional development for lawyers in Western Australia.

This webinar provides lawyers with one CPD point in Competency Area 4: Substantive Law

Participants will receive a certificate for their records.

About the Facilitator

Mr Toby Nisbet is the Director of Engagement and a Lecturer in the School of Business and Law. He has a strong interest in criminal, constitutional and environmental law, and has written significant articles on these topics.

Toby is passionate about justice, the environment, and structures that promote good governance.

Further Information

Please contact the Executive Education team on

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