Democratic Banana Republic of Western Australia

Now this is an impressive use of Parliament.

In Western Australia, Clive Palmer is suing the Western Australian Government over something or other.  Palmer and his companies are seeking $27.7 billion in damages.

So what does the Western Australian Government do?  Seeks to pass a law that will block Palmer’s ability to take legal action.  If you can’t make your case in a court, just get rid of the courts.  Lenin style.

According to John Quigley, the Western Australian Clown Master General (the new name for what used to be the Attorney General):

… the government’s bill to stop Mr Palmer’s legal action was “unprecedented”.

“This bill will remove the capacity for Mr Palmer, Mineralogy and International Minerals to pursue litigation and damages claims,”

This is Quigley’s arguement:

To put that (Palmer’s $27.7 billion claim) in context, the total net debt of the state of Western Australia is in the order of $35 billion to $40 billion and the budget of the state of Western Australia is approximately $30 billion,”

“If the cost of Mr Palmer’s claim was shared equally amongst all Western Australians, it would cost every man, woman, child and baby in Western Australia more than $12,000.

Ok Mr Quigley.  How much will it cost Western Australian’s when no-one invests in WA given one of the most disgraceful manifestations of sovereign risk ever seen in Australia?

So much for the rule of law and the ability to seek redress in the Courts.

Here’s a better idea Mr Quigley.  Declare a Victorian style state of emergency, but permanently.  Shut down all the courts, close parliament and cancel elections for the forseeable future and take operational control of the police.

Given that Western Australia’s borders are already closed, no further action is required on that front.  But perhaps the final acts should be to rename WA to the Democratic Republic of Quigleystan and rename Perth as Freetown.

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42 Responses to Democratic Banana Republic of Western Australia

  1. Jim Rose

    You can only sue for loss of profit

  2. Infidel Tiger King

    Huge sovereign risks issues if this is successful.

  3. Ozman

    Pandemic of fear
    And, according to McGowan, Palmer has millions of doses of hydroxychloroquine which do not work.

    Democratic councilman says hydroxychloroquine was key to recovering from COVID
    ‘Hydroxychloroquine saved my life’

  4. Rohan

    Don’t give them any bright ideas.

  5. Roberto

    Who cares how much it represents per person in WA? It’s not relevant.

    If the damages figure is valid and Palmer wins the action, then he’s entitled to every cent. If it’s an entirely frivolous action the WA government should have no trouble in dealing with it.

  6. jupes

    “If the cost of Mr Palmer’s claim was shared equally amongst all Western Australians, it would cost every man, woman, child and baby in Western Australia more than $12,000.

    This is pure propaganda from the WA government.

    According to Clive Palmer he hasn’t put a number on it.

    “There isn’t any $30 billion claim against the Western Australian Government,” Mr Palmer said at a media conference in Brisbane.

    “It’s [their] assessment of what the damages are for what they’ve done.”

    Mr Palmer said the damages he had incurred in relation to the project were still being assessed.

    The sychophantic pro-government campaign in The West Australian is really quite extraordinary. Today the cover was taken up by a photo of Big Clive’s face superimposed on Dr Evil stroking his cat.

  7. mem

    Woke think tankers at CSIRO have a cunning plan (or two) to save Australia. Top of the list is to replace coal exports with hydrogen exports. Duh, rubs head! Even if you could freeze it, containerize it and transport it, safely without leakage, who is going to buy that much containerized hydrogen when it would cost a fortune compared to natural gas or coal. Could it be they just want money from the government to do research. Check out the rest of the list.
    https://www.heraldsun.com.au/technology/science/csiros-vision-for-a-scienceled-economic-recovery/news-story/fe0a7cd255e8c6e435c0a75ce11298d3

  8. Penny

    Clive Palmer having millions of doses ( which I hear have been seized, by who I don’t know) Hydroxycloroquine is akin to Trumps endorsement of the drug, dead in the water !!
    The day of reckoning can’t come soon enough for these politicians

  9. Infidel Tiger King

    Gareth Parker
    @G_Parker
    ·
    1h
    “We have no choice to take this action.. I will not risk selling WA down the drain to Mr Palmer.”

    Says state is confident of its position but there are no guarantees.

    Says he has consulted with other miners, who are comfortable with this course of action.

    This is insane and illegal.

    Is Twiggy Premier?

  10. Bruce of Newcastle

    It’ll be interesting if Palmer has a case. Can a state government which allegedly illegally cost a businessman millions retroactively overturn the law which they broke? Or can he sue on the basis that they broke the law at the time? It may well that he can since corporations law is Federal.

    Maybe Clive should start a popcorn company, before the rush.

  11. H B Bear

    Fat Clive’s record in the courts is about as good as ASIC. But you never know when the judges are going to pull some new law out of their arse the common law.

  12. Louis

    Um yeah. Get used to it. There is going to be a lot of this type of legislation, and other validations, passed in the next few years. Governments and their public servants are only just catching on to the fact that there can be financial consequences of playing political games.

    Class actions against State and federal governments for aged care failures.
    Class actions for the lock downs and the unlawful manner in which they were imposed.
    Class actions for the business closures and the unlawful manner in which they were imposed.
    Class actions for the boarder closures and the unlawful manner in which they were imposed.
    Class actions for the malicious government action of banning HCQ based on political theater.
    Stopping work cover claims related to employees contracting COVID at work.

  13. Infidel Tiger King

    Fat Clive’s record in the courts is about as good as ASIC

    He litigates a lot, and he wins when it counts.

    He has bent the Chinese over in court beautifully.

  14. JC

    He has bent the Chinese over in court beautifully.

    People in the mining business were talking about Clive’s ironclad agreement well over a decade ago. They were in awe of it. Apparently not even an atom would be able to get through.

  15. H B Bear

    Big difference between contract law and what they are arguing now.

  16. Infidel Tiger King

    Enacting emergency retrospective legislation to win a case doesn’t sound like a winning position to me.

    This will ring international alarm bells.

    “It’s okay Mr Chevron and Mr BHP, we’re only doing this to Clive because he has those nasty pills nand Twiggy said it was cool”.

  17. Professor Fred Lenin

    Louis I would love to be a lawtrdesperson specialising in class actions at this particular time . On my clients behalf I would take the taxpayers down for a couple of billion or more in compensation for the barely legal and illegal actions of the clowns they elected to rule us who panickedat the threat of losing their lucrative careers .The clowns of course would lose nothing financially, a few brilliant careers down the toilet but thats all . Iwould of course take a leaf out of turnbulls book and move my dosh to the Cayman Islands ,havent decided where I would go yet to enjoy my ill gotten gains , but not New York , thats where Aussie losers go and I wouldnt want to be remotely assosciated with that motley whingeing crew .

  18. old bloke

    I don’t get the Perth – Freetown association, what’s that about Sparty?

  19. C.L.

    This is a disgrace.
    And it is directly linked to the lawless “emergency” mentality now reigning throughout the country.

  20. feelthebern

    He has bent the Chinese over in court beautifully.

    For a period of time.
    After they bent him over for a period of time.
    This will continue to go back & forth for the rest of his life.

  21. feelthebern

    Many Australians need to take civics lessons.
    First in line should be the state premiers.

  22. Infidel Tiger King

    For a period of time.
    After they bent him over for a period of time.

    He gets approx $400mn in cash per annum from them in perpetuity.

    He smashed them.

  23. Tony Taylor

    “If the cost of Mr Palmer’s claim was shared equally amongst all Western Australians, it would cost every man, woman, child and baby in Western Australia more than $12,000.”

    When a politician resorts, stoops even, to the “you’re taking the food, etc” defence to support an indefensible proposition, you know he is a truly reprehensible pig.

  24. Lee

    Politicians think they’re above the law?
    Who’da thunk it?

  25. feelthebern

    He gets approx $400mn in cash per annum from them in perpetuity.

    About 270mill based on current volumes.
    But still a tidy sum.

  26. Zulu Kilo Two Alpha

    The sychophantic pro-government campaign in The West Australian is really quite extraordinary.

    Nothing new about the :West Australian” playing “Little Sir Echo” to Labor Governments, jupes.

  27. Roger

    This is a disturbing turn of events.

  28. Lee

    A bit like the incoming Andrews government tearing up a multi-billion dollar road building contract several years ago, all because Andrews got his nose out of joint.

  29. PoliticoNT

    Wonder what James Allan would say?

  30. Courts don’t like laws aimed at punishing a particular person. In Polyukovic Deane J said that a Bill of Attainder was unconstitutional in Australia. Menzies ACP dissolution Act was invalid because it singled out the ACP rather than setting a general rule. Dixon J thought this contrary to the rule of law. The High Court invented the Kable doctrine to invalidate a law aimed at Kable. My guess is that if Palmer challenges this kaw Kable doctrine will be invoked.

    He may be a ratbag, but Clive is emerging as our much-needed champion of civil rights.

  31. Chris M

    I’m liking this guy more. Anyone the media detests is probably OK. Perhaps they will just hand over a big chunk of the state, like a failed B&R initiative where the country can’t pay. He can start his own country with low tax, no Greens or Commos and Hydroxycholoquine available for all.

  32. Roger

    He may be a ratbag, but Clive is emerging as our much-needed champion of civil rights.

    By accident of personal interest.

    The fact remains that the average citizen of modest means has little access to justice through the courts.

    It’s one of the most grievous indictments against our democracy.

  33. Leigh Lowe

    Courts don’t like laws aimed at punishing a particular person. 

    And retrospective to boot.
    As I said earlier, is this driven by keeping certain people out of the witness box?

  34. Leigh Lowe

    The fact remains that the average citizen of modest means has little access to justice through the courts

    The trouble is, Roger, that the more they create “accessible justice” systems, the more opportunities open up for vexatious litigants to oppress their enemies.
    Example … Bernard Gaynor.

  35. Davey Boy

    Comment on WA:
    “It would not be unreasonable for future investors to insist on the kind of stablisation clauses and offshore arbitration provisions usually required in dealings with third-world countries.”

  36. Charles Rasp

    Ordinarily I would agree with you Sparty but these are extraordinary times. I would much prefer our COVID free bubble In WA to continue (minimal restrictions here, life pretty much as normal) and if the price we pay is anti-Clive legislation then so be it. He can shove his HC writ and his damages claim.

  37. Bar Beach Swimmer

    I’m currently in W.A. As you say, Charles Rasp, life seems pretty normal here. However, it’s a mirage that West Australians along with the rest of the country will pay for through higher taxes and higher unemployment and lower standards of living and reduced future prospects for decades to come.

    In 1901 we came together as one country, which was supposed to be indivisible. Our Constitution is now being deliberately and cynically trashed by state premiers, of which McGowan is the worst.

    However, McGowan has an accomplice in the Prime Minister. Morrison seems to have forgotten that he is the PM of the entire country and is supposed to look after the interests of every citizen in every other state and territory, not just those citizens resident in W.A.

    I hope Clive Palmer continues his court action on the closed borders because he’s currently the only Australian who is prepared to stand up for the rights of all Australians. And, like Dannostan Andrews’ willful trashing of the interests of Victorians, I hope that Mr McGowan earns the opprobrium of West Australians and of the nation when they finally wake up and realise the destruction he has wrought.

    But whether Palmer wins or loses, certainly Job Keeper and Job Seeker must run out, and sooner rather than later, and when that happens these “closed border types” will realise what a financial and personal tragedy politicians and bureaucrats have made of the greatest country in the world.

    Charles Rasp, if you think you along with every other West Australian will get away with this scot free, you’re delusional. We’re all going to pay for the stupidity of politicians and the ‘madness of crowds’.

  38. Pyrmonter

    ‘Unprecedented’ rather depends on how closely you want to look at precedent. If your concern is ‘forfeits property’, then the following come readily to mind as precedents”

    – WA’s attempt to expropriate the settlement proceeds derived from the Bell Resources litigation (mostly to get around the unfortunate decision not to fund the totality of the litigation, which meant an offshore funder charging the sort of money you would expect to bear a share of a potential adverse costs liability of a hundred million or more)

    – NSW’s dissolution of the Builders Labourers’ Federation

    – NSW’s dubious use of eminent domain to allow ‘Property NSW’ and its road authorities to seize landbanks at a discount to their market value when they abut new thoroughfares being built at taxpayers’ expense.
    http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2018/196.html

    – Victoria’s retrospective abrogation of legal professional privilege in confidential communications regarding legal advice connected to the Longford gas facilities.

    Sadly, these are interventions by both streams of Australian politics.

  39. Alex

    Charles Rasp
    #3545883, posted on August 12, 2020 at 11:52 pm
    Ordinarily I would agree with you Sparty but these are extraordinary times. I would much prefer our COVID free bubble In WA to continue (minimal restrictions here, life pretty much as normal) and if the price we pay is anti-Clive legislation then so be it. He can shove his HC writ and his damages claim.

    Spoken by someone who is either ignorant of the Rule of Law concept or is happy to allow the breaking of laws, for example a BLM protest looting his own household. Given such a case I’m sure CR will not call the cops but will tell himself to shove it.

    Remember ‘we are all in this together’, although we’re not but when you go overseas do you say you are a Sandgroper or an Australian. If you are an Australian then act like it. Accept we are a nation or not. If yes then tear down these border restrictions. The nutters in the US don’t even restrict movement across states.

  40. custard

    Bar Beach Swimmer
    #3545929, posted on August 13, 2020 at 2:02 am

    +1

  41. Zulu Kilo Two Alpha

    Clive Palmer compares WA to Nazi Germany, says Mark McGowan should be ‘jailed’ as $30b lawsuit turns ugly
    Daryna Zadvirna and Josh ZimmermanThe West Australian
    Thu, 13 August 2020 8:53AM

    Premier Mark McGowan should be “jailed” for his “criminal liability”, according to Clive Palmer, who has compared the actions of the WA Government to Nazi Germany and China.

    Parliament’s Upper House will today debate emergency legislation that extinguishes the Queensland mining magnate’s claim for damages relating to a stalled Pilbara iron project worth up to $30 billion, after the Lower House passed the Bill late last night.

    The billionaire today reiterated his claims he was not seeking $30 billion from WA.

    “It’s just bull***t, it’s not true,” he told Hit 92.9 presenters.

    “It’s up to us to decide what damages we would accept and I can tell you we’re not after $25 billion … we’re after the truth.

    Never thought things would get this lively in sleepy old West Australia.

  42. thefrollickingmole

    Enacting emergency retrospective legislation to win a case doesn’t sound like a winning position to me.

    This will ring international alarm bells.
    Quigley is the worst type of lawyer.

    He will use the law to secure an outcome, regardless of the merit of doing so.

    But its ok, becuase Qwiggers knows its all for a higher cause.

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