Something big going down in State Parliament. Emergency legislation being rushed in by McGowan Govt after Clive Palmer dropped a claim worth billions over Mineralogy's Balmoral South iron ore project. Details emerging.
AG John Quigley is on his feet in the Assembly outlining a very long and detailed history of Mineralogy's dealings with the State Govt dating back to 2012 incl. former state development minister Colin Barnett's decisions and multiple arbitrations.
Palmer, Mineralogy and International Minerals seeking $US19.84 BILLION dollars ($27.66bn AUD) for "first claim" of breach.
Seeking further damages for second claim, not yet quantified by Palmer et al, plus interest.
Quigley says in sum the claim is $35-$40m AUD, more than the annual Vue of the state budget (about $30m). $12,000 for every West Australian.
Quigley says: Mr Palmer wants WA to pay him $30bn when the state is in the middle of a pandemic and most in need of our public money.
Quigley says if Palmer succeeds it would have dire consequences for all West Australians and the State of WA.
Quigley says Labor and Liberal governments have both had to deal with Palmer and now need to work together to deal with the Palmer challenge. Quigley says McGowan govt is not critical of Barnett's decisions in dealing with Palmer projects.
Quigley says McGowan Govt does not want to risk an adverse outcome from arbitration with Palmer. Hence, this emergency legislation.
Quigley is now detailing the specific provisions of the legislation, but it appears to me they are trying to rub out this legal claim and arbitration with specific legislation. Extraordinary. Unprecedented.
(An aside from me. All of the Premier's recent commentary on Clive Palmer re the border challenge - and indeed Palmer's border challenge itself - are now seen in an entirely new light.)
Quigley: "The McGowan Government accepts that the Bill is unprecedented ... Mr Palmer and Mineralogy are not normal."
Quigley: "This Bill does not give rise to sovereign risk".
Quigley says Bill must pass urgently because there is arbitration taking place commencing November 30. He wants to short circuit time and cost preparing for that. Says Palmer's claims are outside convention and practice of state agreements.
Quigley says if arbitration continues, likely it would be handed down during caretaker period. But mostly he does not want state exposed to risk of tens of billions damages.
Quigley has sat down. And that's it for now. Wow.
Debate has been adjourned to allow for the briefing of opposition parties and will resume tomorrow.
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