WA government has shifted the sands beneath Clive Palmer’s feet

Today in The Australian

There is a great deal to dislike, and not much to like, in West Australia’s Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020, which overrides the outcomes of the state’s long-running dispute with Clive Palmer and extinguishes Palmer’s rights to damages.

About Henry Ergas

Henry Ergas AO is a columnist for The Australian. From 2009 to 2015 he was Senior Economic Adviser to Deloitte Australia and from 2009 to 2017 was Professor of Infrastructure Economics at the University of Wollongong’s SMART Infrastructure Facility. He joined SMART and Deloitte after working as a consultant economist at NECG, CRA International and Concept Economics. Prior to that, he was an economist at the OECD in Paris from the late 1970s until the early 1990s. At the OECD, he headed the Secretary-General’s Task Force on Structural Adjustment (1984-1987), which concentrated on improving the efficiency of government policies in a wide range of areas, and was subsequently Counsellor for Structural Policy in the Economics Department. He has taught at a range of universities, undertaken a number of government inquiries and served as a Lay Member of the New Zealand High Court. In 2016, he was made an Officer in the Order of Australia.
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15 Responses to WA government has shifted the sands beneath Clive Palmer’s feet

  1. stackja

    And WA no longer a reliable place for any business.

  2. Robber Baron

    Private property rights clearly no longer exist in WA.

    Revolution will be bloody.

  3. Cumborah Kid

    99% of WA people are behind McGowan, so unlikely there will be any blood on the streets. Clive had 8 years to come to the table to discuss his proposal but neglected to do so.

  4. duncanm

    Just another episode of WA Inc.

  5. Bruce of Newcastle

    You’d have to wonder if the WA government will get reamed by the HC via the corporations powers.
    Which could get very very expensive for WA.
    I hope so, much as I dislike Mr Palmer.
    WA Labor hasn’t learned anything from WA Inc.

  6. Neil

    The Gowan government is playing a Game of Thrones.
    A matter is being played out in the High Court of Justice , London, CO/588/2020.
    Here there is the issue of whether the bills of the WA Parliament have been in compliance to section 2(3) Constitution Act 1889 (WA) for royal assent, Queen of Australia, ….. or Queen of United Kingdom.
    Only one of these titles is mandated by law with a prohibition in the case of non-compliance.
    Dare we call it treason?

  7. Terry

    ‘99% of WA people are behind McGowan’

    Then they won’t mind when their own property rights are similarly retrospectively extinguished stolen by a “duly elected” cartel.

  8. Leigh Lowe

    Bruce of Newcastle

    #3555223, posted on August 21, 2020 at 12:36 pm

    You’d have to wonder if the WA government will get reamed by the HC via the corporations powers.

    You would have to think that is near to an absolute certainty as you could get.

  9. feelthebern

    ‘99% of WA people are behind McGowan’

    What’s that got to do with anything?

  10. feelthebern

    You’d have to wonder if the WA government will get reamed by the HC via the corporations powers.

    Another 7-0 ruling.
    But it will take until 2022 before it’s ruled on.

  11. Graham

    I don’t know enough about the legal rights being extinguished by the WA legislation to comment, but it is a fact of life that the only prohibition about the acquisition of property except on just terms applies to the Commonwealth only under the Commonwealth Constitution. There is no such prohibition on the States.

    There is a long, and shameful, history of States expropriating private property. NSW did it in the Wran era in relation to coal mining leases, and it occurred again under the Liberal Government in relation to the Cascade Coal issue following ICAC’s hearings.

    Clive is sufficiently well resourced to look after himself, but whether he can prevail against WA legislation I have my doubts.

  12. H B Bear

    This has got a long way to go. A couple of law partners will have new places at Eagle Bay by the time it is finished.

  13. Robbo

    Don’t risk your capital or your assets by investing in WA. If the State Government over there cares to at any time they will just pass some retrospective legislation and eliminate your rights. History, correctly, reviles the regimes of Hitler, Stalin et al but it seems we have our own fascist/communist lot in the west of the nation. I look forward to the High Court doing its job and overruling those disgraceful yobbos who have no regard whatsoever to the rights of the people who live in Australia. All voters in WA should be ashamed to have those morons running their State.

  14. Chris M

    Another 7-0 ruling. But it will take until 2022 before it’s ruled on.

    Hopefully Clive lives that long, he isn’t the healthiest looking Aussie.

    Sadly the state private wage earners will pay for this not the criminals in government that created the sham.

  15. Terry

    @Robbo
    WA has indeed disgraced itself, but let’s not pretend that ANY of the current crop of State Governments across the country would hesitate for even a second to extinguish the rights of citizens if they thought they could benefit financially and/or politically.

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