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WA government claims Queensland Supreme Court decision invalid
The Western Australian government will again find itself before the courts in an attempt to prevent mining magnate Clive Palmer from claiming $30 billion in damages.
Naomi Neilson
Only recently, the Western Australian government succeeded in introducing, debating and passing legislation in just two days to prevent billionaire Mr Palmer from seeking $30 billion in damages over a 2012 decision to not assess an iron ore mine in Pilbara.
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Now the government is preparing to argue that the Queensland Supreme Court failed in notifying it as Mr Palmer successfully obtained secured orders to have the arbitration awards formally registered, shortly before the legislation was signed into law.
Mr Palmer is claiming that the arbitration awards registration meant that the legislation would now be invalid under the constitution. Both Mr Palmer and the WA government will return to the Supreme Court next week to determine if the claim will proceed.
In conversation with media not long after passing the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Bill, Premier Mark McGowan said there was “no time to wait” to prevent Mr Palmer from proceeding with his legal action.
“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 the [taxpayers] from Clive Palmer’s $30 billion claim which would have bankrupted our state.”
