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Mark McGowan ordered to leave WA to attend Clive Palmer defamation trial in person

In a counterclaim, Mark McGowan argues Clive Palmer defamed him. (AAP: Richard Wainwright / Jono Searle)

West Australian Premier Mark McGowan has been ordered to leave the state next month to appear in a Sydney court where billionaire Clive Palmer is suing him for defamation.

Mr Palmer argues comments made by Mr McGowan in 2020, which included calling him an "enemy" of the state, damaged his reputation.

Mr McGowan has counterclaimed that Mr Palmer, in fact, defamed him by saying he had lied and had "abused" the parliamentary system.

The defamation trial was set to start in Sydney on Monday but was today pushed back to start in the middle of next month, with a ruling made for Mr McGowan to appear in court in person.

Mr McGowan had asked the Federal Court to allow him to give evidence via video link because having to quarantine for two weeks would prevent him from attending parliament.

The Premier said in an affidavit that if his evidence was to conclude by the end of February 4, he would have to be in quarantine for the two weeks to February 19 upon his return to WA.

"It is not possible to participate virtually or remotely in the Legislative Assembly of the Parliament of Western Australia," he said.

WA currently has a hard border, with quarantine conditions imposed on travellers from every other state and territory. The planned reopening of the border on February 5 has been pushed back indefinitely.

Mr McGowan said he would be asked questions about the cancellation of the opening date during the first week of parliamentary sittings.

"I wish to be in parliament to answer those questions and consider that it is in the public interest that this occur," he said in the affidavit.

"The announcement on 20 January 2022 was a significant one and I consider that the people of Western Australia would expect me to be in parliament to answer questions in relation to it."

A summary of WA's current border controls, showing the state has locked itself out from every other state and territory. (ABC News: Gian De Poloni)

Mr McGowan also said that under standing orders, he was required to make a statement to the assembly on the first sitting day, outlining the legislative and policy priorities of the year.

With the trial now rescheduled, Mr Palmer's evidence would be first heard on February 14.

Justice Michael Lee has ordered Mr McGowan attend the court, but will not be expected to do so until Saturday, February 26.

WA Attorney-General John Quigley will also be required to attend to give evidence.

In his own affidavit to the court, Mr Quigley listed a number of meetings he was scheduled to attend after February 5, in addition to having to be in the legislative assembly.

He said he would be expected to personally attend Security and Emergency Committee of Cabinet and State Disaster Council meetings which could be called at short notice.

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