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Parliamentary Questions


Question Without Notice No. 524 asked in the Legislative Assembly on 12 August 2020 by Ms S.E. Winton

Parliament: 40 Session: 1

CORONAVIRUS — INTERSTATE BORDER RESTRICTIONS — HIGH COURT CHALLENGE

524. Ms S.E. WINTON to the Attorney General:

Can the Attorney General update the house on the status of Clive Palmer's High Court challenge to Western Australia's hard border?

Mr J.R. QUIGLEY replied:

I thank the member for Wanneroo for her question and yes, I can. The state of Western Australia has received an offer of settlement from Clive Palmer—an offer to withdraw the High Court action. In the terms of the offer, he exposes himself to be the liar and fraudster that he is. I will read out the letter of offer —

1. As the State is aware, Mineralogy is currently pursuing a High Court challenge against the state's border closers. One of Mineralogy concerns is ensuring all its team and representatives are able to attend any hearing of the arbitration. Mineralogy's High Court case has caused considerable stress in the community when it became apparent last week that it may be successful.

2. In good faith, and despite the fact that the Applicants' decision maker will not be able to attend in Perth in person, the Applicants have agreed that the mediation takes place in Perth and that Wayne Martin AC QC act as mediator.

3. If the matter does not settle at mediation, Mr Palmer must be able to attend the arbitration hearing in person. Likewise, Peter Dunning QC must also be able to attend in person.

4. As the state cannot guarantee those parties entry to Western Australia, the only option is for Mineralogy to be successful in its High Court challenge and for the arbitration hearings to be held in Perth or, alternatively, for the parties to agree the arbitration hearings can be held outside Western Australia.

5. If the State can agree for the arbitration hearing —

Listen to this bit!

being held in Canberra, Mineralogy could be agreeable to withdraw its High Court challenge on that basis with each party to pay their own costs.

6. I can explore this option if the State thinks it has merit. I will be discussing matters in detail with the relevant parties at 3 pm (AWST) on Monday, 3 August 2020 and it would be helpful if you could provide some feedback by then.

Yours faithfully,

Thomas Browning

In-House Counsel

Mineralogy Pty Ltd

International Minerals Pty Ltd

I table the offer put forward by Clive Palmer and Mineralogy and International Minerals.

�[See paper 3556.]

Mrs L.M. Harvey: Nine days ago!

Mr J.R. QUIGLEY: You can count! That is good. You can count, and Parliament is back. This is my first opportunity to table this document. What is this document saying? It is saying, ''I don't care about the state border closure. What I care about is getting my arbitrator and the legal team and the experts into Perth to plunder Western Australia for $30 billion in an arbitration. I will agree to withdraw my High Court challenge and to leave the border closed if you, Western Australia, agree to shift the venue over to a jurisdiction in the eastern states of Mr Palmer's choosing.'' What a liar he has exposed himself to be! He has been publishing these ads, which include statements such as —

Like all Australians my major concern is for the health of our community. I have a strong commitment to Western Australia and the men and women who have built this state.

He does not have any commitment. He has a visceral hatred for Western Australia. That is self-evident. He goes on —

Not only is the Western Australian government's action unconstitutional, it is against the best interests of Western Australian families.

He does not care about the interests of Western Australian families. We know that the hard border introduced by the McGowan Labor government has kept Western Australia virus free for nearly three months—over three months, in fact. His only interest is getting across that border with his legal team and experts and arbitrator to plunder $30 billion from Western Australian taxpayers. How do you like this bit?

The SPEAKER: Attorney General, this is question time. It is not a speech.

Mr J.R. QUIGLEY: I know it is question time. Thank you for reminding me of that, Mr Speaker, but this is very, very important. He calls upon the Western Australian government to maintain the hot spots but take down the border. To top it all he has an ad in the newspaper that says —

� Premier Mark McGowan continue to deny � Western Australians jobs and prosperity by refusing to open their state's borders �

He wants the borders open so that he can come and plunder $30 billion from this state and rob all our families of prosperity, rob all their jobs, shut the state down and send it bankrupt.

The SPEAKER: Attorney General!

Mr J.R. QUIGLEY: He says that Western Australia needs travel now so that he can travel over with his experts, with his counsel, with Mr Dunning, QC, to plunder this state for $30 billion. It is not going to happen! I table the offer that has been sent to us. I think I have tabled it already.

The SPEAKER: The paper is tabled. Thank you, Attorney General.