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Parliamentary Questions


Question Without Notice No. 1026 asked in the Legislative Council on 25 October 2022 by Hon Nick Goiran

Parliament: 41 Session: 1

LAW REFORMS — DERIVATIVE ACTION

1026. Hon NICK GOIRAN to the parliamentary secretary representing the Attorney General:

I refer to the Attorney General's answer to my question without notice 374 on 24 June 2021, which revealed that his office had asked the Department of Justice to provide advice on the matters raised in the Supreme Court decision in the Shephard case of 2019.

(1) Has that advice now been provided?

(2) If yes to (1), when was the advice provided?

(3) If no to (1), have any of the heads of jurisdiction been consulted as foreshadowed?

(4) Is there a date by which the Attorney General expects the advice to be provided?

(5) Will the Attorney General table the most recent briefing note or similar document he has received about this matter?

Hon MATTHEW SWINBOURN replied:

I thank the member for some notice of the question. The following answer is based on information provided to me by the Attorney General.

(1)–(2) The Department of Justice is in the process of consulting with relevant stakeholders on this issue. It will provide the advice as soon as practicable and in accordance with the government's legislative priorities and reform agenda.

(3) The Department of Justice has written to the Chief Justice of Western Australia, Hon Peter Quinlan, regarding the matters raised in the Shephard case. The Supreme Court of Western Australia is the only relevant jurisdiction for matters of this type.

(4) I refer the member to the answer at (1)–(2).

(5) Not applicable.