Australia’s state governments haven’t exactly been covering themselves in glory over the last six months. There was the NSW government’s incompetent handling of the Ruby Princess cruise ship, which unleashed a wave of infections across Australia. Victoria has been a masterclass in failure, from its execrable hounding of Cardinal George Pell, or its sly treachery in secretly signing up to China’s BRI, to its crowning glory, the spectacularly botched hotel quarantine scheme.
But, for pure, reckless stupidity, the WA government seems intent on gazumping them all.
The high-powered law firm tasked with advising the WA government on its anti-Clive Palmer law was instructed to ignore an issue that could leave the Commonwealth carrying the can in the multi-billion dollar legal stoush with the Queensland businessman.
The McGowan Labor government is riding a wave of popularity, but that’s only because it’s successfully deflected attention from its own failures by mounting a Two Minutes of Hate campaign against Palmer. Sure, Palmer may be easy to hate – but in this case, he’s also clearly in the right.
If Palmer is able to sue the WA government, that’s their fault for their own bodgy record on mining agreements. Their panicked response to being caught out – secretly passing last-minute laws to specifically deprive Palmer of his legal rights – is making things infinitely worse. All Australians may end up carrying the can for WA’s stupidity.
The federal government could be exposed to claims under Australia’s free-trade agreement with Singapore, where Mr Palmer’s companies are based, if they could prove the law breaches its “investment protection” provisions.
Emergency legislation passed in WA might mean that Queensland businessman Clive Palmer can pursue the Commonwealth for compensation under Australia’s free-trade agreements.
But legal advice from Clayton Utz to WA’s state solicitor seen by WAtoday reveals the law firm was told “not to consider potential issues arising in respect of claims that may be brought under … free-trade agreements”.
Lawyers have raised concerns the legislation, which was rushed through Parliament in two days, could put the federal government on the hook for billions in compensation[…]
WA Today can also reveal the state government did not consult with the Commonwealth over the legislation before it was rushed through State Parliament on August 13[…]
The state government thwarted an attempt to have the legislation examined by a parliamentary committee for a two-week inquiry, with [WA Attorney-General John] Quigley telling the ABC there was too much at risk for a “namby-pamby” inquiry.
During the debate, upper house government leader Sue Ellery said she anticipated Mineralogy, through its Singaporean parent company, would bring a claim against the Commonwealth.
So WA knew there were problems with its shonky bill, which runs counter to the basic precepts of Common Law, but it rammed it through in a panic anyway. Now, we’re all likely to foot the bill.
If you enjoyed this BFD article please consider sharing it with your friends.
