Rodney Michael Cherry, 62, was found guilty in 2002 of killing his 35-year-old wife Annette Cherry and 18-year-old step-daughter Kira Guise at Roma in rural Queensland and sentenced to life in prison.
Ms Guise's body has never been found, but he allegedly confessed her murder to another inmate.
Convicted killers in Queensland cannot be paroled if through their act or omission a victim's body has not been found.
Attorneys-general for five states and the NT supported 'no body, no parole' laws in the High Court. (Mick Tsikas/AAP PHOTOS)
The Parole Board in July 2023 refused Cherry's application for release and stated he "has not given satisfactory co-operation in the investigation of the homicide offence to identify his victim's location".
Cherry filed written submissions for an appeal to the High Court in October 2024, claiming the 'no body, no parole' legislation "impermissibly grants judicial power" to the Queensland government.
The appeal argued the laws were "unlawfully empowering (the government) to alter the punishment imposed by the Supreme Court" of a minimum 20 years' imprisonment without parole.
The attorneys-general for NSW, Victoria, Western Australia, South Australia and the Northern Territory in December outlined their arguments to the High Court in support of 'no body, no parole' laws.
"The 'no body-no parole prisoner' provisions were intended to reduce the suffering of victims' families," NSW solicitor-general Michael Sexton stated.
"(The legislation provides) an incentive for offenders to co-operate with authorities, rather than to increase the severity of the punishments imposed."
Victorian solicitor-general Alastair Pound stated that Cherry's case  had "not a difference of substance or constitutional significance" compared to three other failed High Court appeals by prisoners who were denied parole.
The Queensland government responded to Cherry's submissions in November 2024 and said he was not permanently barred from parole.
"The prisoner stops being a 'no body-no parole prisoner' if the body or remains of the victim are located, even if that has occurred without any co-operation from the prisoner," solicitor-general Gim Del Villar stated.
The High Court is due to hear the matter again on January 24.
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