PJ Dunning QC (Clive Palmer and his companies legal representation), in Palmer v Western Australia led the High Court to believe that he was challenging the validity of the Act "The Emergency Management Act" W.A. 2005 for contravention of section 92 of the Constitution. Section 92 of the constitution like all of our constitutional guarantees act as a restraint on ;legislative powers and not upon executive actions such as directions. however, at hearing when questioned by Kiefel CJ to clarify whether he was still challenging the validity of the Act, PJ Dunning did a backflip and changed the question of law and challenged the directions only. In so doing, he assumes the Act is valid and therefore section 92 has zero chance of invalidating the Act and therefore any directions made under it...
But it was just Another Sham Case!
7 pagesPalmer, Dunning-converted
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