Two challenges against the Queensland government's constitutional right to keep the state isolated amid the coronavirus crisis are unlikely to be heard before the borders reopen.
Subscribe now for unlimited access.
or signup to continue reading
Billionaire businessman Clive Palmer and a group of businesses and individuals named Travel Essence launched separate proceedings in the High Court after the borders were closed in March.
Lawyers for the parties on Friday told Chief Justice Susan Kiefel they have been unable to agree on the facts surrounding community transmission on which the cases will be heard.
Justice Kiefel said it was "rather unlikely" given the problems the parties were facing that the cases would be heard before a full bench in the week of June 29 as previously planned.
"But I will postpone final analysis of that until I have a better idea of the extent of the facts," she told the Brisbane courtroom.
"If there has to be a hearing as to facts it does not seem terribly likely that those dates will be taken up."
It comes as Prime Minister Scott Morrison on Friday told the National Cabinet meeting he welcomed the reopening of Queensland's borders on July 10.
Stage three of the state's coronavirus recovery roadmap has always planned for interstate travel to be permitted on that date, however, it is conditional on Queensland chief health officer Jeannette Young's advice.
Despite weeks of pressure from federal government members, Premier Annastacia Palaszczuk has refused to buckle, saying she's keeping Queenslanders safe.
Currently, school students, workers and freight drivers can enter the state without an issue, but Queensland is closed to anyone else because of the virus.
Ms Palaszczuk has previously flagged a potential September re-opening, however, this is under a monthly review and could be pushed forward.
Mr Palmer is also challenging the Western Australian government's right to close the border.
Earlier, Justice Kiefel refused Travel Essence's application for access to the information Ms Young assessed when the decision was made to close the borders.
She said it was a "fishing expedition" the court would not be a party to.
All three cases will return to the same court for another directions hearing on Tuesday.
One Nation leader Pauline Hanson has also threatened legal action in the High Court if borders aren't reopened.
Australian Associated Press
