‘No time to wait’ to thwart Clive Palmer’s $30bn damages claim

In an unprecedented move, the Western Australian government introduced, discussed and passed legislation to protect the state from a $30 billion claim within just two days.

Naomi Neilson • 17 August 2020 • SME Law

An emergency legislation to protect the Western Australian government and its people from mining billionaire Mr Palmer’s $30 billion damages claim was passed incredibly quickly and without amendment late last week in an unprecedented move by the state.

You’re out of free articles for this month

Username or Email

Password Forgot password?

Keep me signed in on this device.

First Name

Last Name

Mobile

Organisation Type

By becoming a member, I agree to receive information and promotional messages from Lawyers Weekly. I can opt out of these communications at any time. For more information, please visit our Privacy Statement.

Need help signing up? Visit the Help Centre.

The legislation sought to amend a 2002 state agreement with Mr Palmer’s Mineralogy company and terminate arbitration between the two parties, amid fears Mr Palmer and his associated companies were seeking damages over a 2012 decision by the former government to not assess his proposed Balmoral South iron ore mine in the Pilbara.

Premier Mark McGowan said there was “no time to wait” to pass Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Bill legislation, which was argued for just 10 hours before Governor Kim Beazley signed it into law close to midnight.

“Can I thank the Parliament of Western Australia for passing this very, very important legislation,” Mr McGowan said. “The government has done what we can to protect [taxpayers] from Clive Palmer’s $30 billion claim which would have bankrupted our state.

“We’re very confident, and all the legal advice says, these laws will work. We’ve done something unprecedented, but we’ve done what we needed to protect [the] people of WA.”

VIEW ALL

Mr Palmer has filed an application in the Federal Court seeking to force the withdrawal of the legislation, but Mr McGowan said he was expecting this manoeuvre and assures the state that he is confident of their legal position as the new law was “solid”.

This comes after Attorney-General John Quigley tabled a letter from Mr Palmer which contained an offer to drop the High Court challenge against the state’s border closures in exchange for an arbitration hearing over a dispute to be moved to Canberra. The A-G said this letter exposed Mr Palmer as a “liar and fraudster” who did not care about the interests of Western Australian families.

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.

You can email Naomi at: naomi.neilson@momentummedia.com.au

Anonymous Thursday, 20 August 2020

Clive Palmer has, for all intents and purposes, lost his privilege of participating in the legal system. He must be banned for a period of no less than 10 years. Time to set an example for others who would misuse and abuse public resources.

0
- Anonymous Friday, 21 August 2020
  
  Only an anonymous person would post that a citizen of this country should be denied recourse to the Courts after a government denied them rights under a State Agreement, lost an arbitration, then decided they do not want to pay compensation.
  
  0
  - Anonymous Friday, 21 August 2020
    
    People are denied recourse to the Courts every day, in the plain light of day. Where is the outrage in this? Yes Mr. Palmer's case is a prime example, but such is the nature of a flawed legal system. This has to change. But in the meantime, I am a bit short on sympathy, anonymously or not, going on Mr. Palmer's track record.
    
    0

You need to be a member to post comments. Become a member for free today!

Lawyers Weekly - legal news for Australian lawyers

SECTIONS

MORE

‘No time to wait’ to thwart Clive Palmer’s $30bn damages claim

Naomi Neilson

OUR PLATFORMS AND BRANDS

EVENTS AND SUMMITS

PODCASTS

LEARNING AND EDUCATION

MOMENTUM MARKETS NETWORK

LINKS

STAY CONNECTED