Former senator Rod Culleton has compared himself to billionaire Clive Palmer as he fights against a fine over breaching COVID-19 quarantine restrictions.
Mr Culleton appeared via video-link at the Federal Court of Australia on Tuesday morning, in his application against the Western Australian government.
Speaking to the court, Mr Culleton said he was prevented from entering the state in and “copped a hefty fine” after allegedly breaching quarantine restrictions in February 2022.
The former One Nation senator applied to have his case heard in the High Court of Australia, which referred the matter back to the Federal Court.
Mr Culleton told the court that his case was no different to Mr Palmer’s, who sued the state government in the High Court after being barred from entering the state.
In 2020, Mr Palmer alleged the WA Emergency Management Act, which covered border controls during the pandemic, was in conflict with a section of the Australian Constitution.
The High Court found the state government’s emergency legislation did not infringe section 92, which concerns trade, commerce and intercourse among the states to be absolutely free.
On Tuesday, Mr Culleton told the court that section 92 was a constitutional safeguard for him to travel freely on "intercourse".
“Both Mr Palmer and I were located outside WA; both prevented into entering,” he said.
“Both relied on section 92 of the [Australian] Constitution as a defence.
“My question is does this court… can it relitigate the findings of the High Court … I’ve made it very, very clear in my submission and affidavit, I was no different to Palmer.
“I would ask this court to refer it back to the High Court for that declaration.”
Mr Culleton said he ended up with a criminal record and a $5,000 fine.
In court, Mr Culleton claimed the Federal Court did not have the jurisdiction to preside over his matter.
“My contention is I don’t believe you can provide an outcome for a remedy that I seek,” he said.
“I successfully applied to the High Court, I didn’t apply for the Federal Court… even with the fact I’m no different to Palmer.”
Federal Court judge Michael Feutrill agreed that Mr Culleton was presenting the same legal issue as Mr Palmer in the latter’s case against WA.
However, Justice Feutrill said there was some nuance to how a person was prohibited from entering WA under different directions.
“I have gone through the differences in minute detail,” he told the court.
“Mr Palmer has at least applied for relevant requirements at the time to get in and be refused.”
Justice Feutrill also reprimanded Mr Culleton, who was self-represented, in his handling of his claims.
“You need to explain to me why being bound by High Court decision means this court does not have jurisdiction as opposed to being required to follow a High Court decision in a matter in which it has jurisdiction,” he said in court.
“The court has given you more than one opportunity to put on evidence of how it is you say that the relevant directions affected you and continued to affect you in some way.
“Your response has been either to ignore the court’s order regarding identification of those matters because you considered it to be irrelevant and most recently confined your factual case to intention to return to WA on 12 February 2022.
“Why is it that forming an intention in Canberra in February 2022 would provide you with sufficient interest in a challenge to the state legislation to engage the jurisdiction of this court and any other court exercising federal jurisdiction?”
Mr Culleton turned off his camera about an hour into the hearing, when he was opposed to the court dealing with matters other than what he applied for.
Justice Feutrill reserved his decision.
Mr Culleton was a senator for WA from 2016 until his seat was made vacant, after he was found to be an undischarged bankrupt in 2017.
He was first elected as a senator for One Nation but resigned from the party to sit as an independent in December 2016.
