Palmer v. The State of Western Australia
Mineralogy Pty Ltd & Anor v. State of Western Australia
Case Nos.
B52/2020; B54/2020
Case Information
Catchwords
Constitutional law – State legislative power – Federalism – Chapter III of Constitution – Where, on 5 December 2001, plaintiffs and defendant entered into Agreement in relation to development of certain projects in Western Australia – Where Agreement ratified by Iron Ore Processing (Minerology Pty Ltd) Agreement Act 2002 (WA) – Where Agreement subsequently varied in 2008 and ratified by Iron Ore Processing (Minerology Pty Ltd) Agreement Amendment Act 2008 (Cth) – Where various disputes arose in relation to development proposal and plaintiff claimed defendant breached terms of Agreement – Where disputes referred to arbitrator in Queensland – Where Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020 (WA) enacted in 2020 – Where effect of 2020 Amendment Act to exclude defendant’s liability, and prohibit any enforcement or payment of any liability, arising in respect of disputes and arbitrations – Whether 2020 Amendment Act contravenes s 118 of Constitution by failure to give full faith and credit and effect to Commercial Arbitration Act 2013 (Qld) and equivalent legislation in each State and Territory – Whether 2020 Amendment Act contravenes s 6 of Australia Act 1986 (Cth) because not enacted pursuant to manner and form specified in Agreement - Whether 2020 Amendment Act purports to direct federal courts and courts exercising federal jurisdiction as to manner of exercise of federal jurisdiction, withdraw or limits federal jurisdiction, impermissibly interferes with federal court proceedings, or confer powers and duties which are repugnant to exercise of federal judicial power – Whether 2020 Amendment Act beyond state legislative power because violates rule of law – Whether 2020 Amendment Act incompatible with institutional integrity of courts – Whether 2020 Amendment Act impermissibly exercises state judicial power without possibility of review by courts – Whether 2020 Amendment Act invalid because alters consequences of actions and conduct of Commonwealth Government – Whether 2020 Amendment Act contravenes s 109 of Constitution for inconsistency with various Commonwealth legislation – Whether 2020 Amending Act invalid for specifically targeting Mr Palmer and depriving him of personal rights and property rights – Whether 2020 Amendment Act involves abdication of State legislative power – Whether 2020 Amendment Act contravenes s 117 of Constitution by discriminating against Mr Palmer as resident of Queensland – Whether 2020 Amendment Act invalid in entirety or in part.
Documents*
14/09/2020 Writ of summons (B52/2020)
18/09/2020 Writ of summons (B54/2020)
30/09/2020 Hearing (Single Justice, Brisbane)
29/01/2021 Hearing (Single Justice, Brisbane)
26/02/2021 Hearing (Single Justice, Brisbane)
18/03/2021 Hearing (Single Justice, Sydney)
06/04/2021 Hearing (Single Justice, Canberra)
08/04/2021 Special Case
23/04/2021 Written submissions (Plaintiff B52/2020)
23/04/2021 Written submissions (Plaintiffs B54/2020)
21/05/2021 Written submissions (Defendant B52/2020)
21/05/2021 Written submissions (Defendant B54/2020)
28/05/2021 Written submissions (Attorney-General of the Commonwealth of Australia, intervening B52/2020)
28/05/2021 Written submissions (Attorney-General for the State of New South Wales, intervening B52/2020)
28/05/2021 Written submissions (Attorney-General of the State of Queensland, intervening B52/2020)
28/05/2021 Written submissions (Attorney-General for the Northern Territory, intervening B52/2020)
28/05/2021 Written submissions (Attorney-General for the State of Victoria, intervening B52/2020)
28/05/2021 Written submissions (Attorney-General of the Commonwealth of Australia, intervening B54/2020)
28/05/2021 Written submissions (Attorney-General for the State of New South Wales, intervening B54/2020)
28/05/2021 Written submissions (Attorney-General of the State of Queensland, intervening B54/2020)
28/05/2021 Written submissions (Attorney-General for the Northern Territory, intervening B54/2020)
28/05/2021 Written submissions (Attorney-General for the State of Victoria, intervening B54/2020)
04/06/2021 Reply (B52/2020)
04/06/2021 Reply (B54/2020)
15/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
15/06/2021 Outline of oral argument (Plaintiffs B54/2020)
16/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
16/06/2021 Outline of oral argument (Plaintiff B52/2020)
16/06/2021 Outline of oral argument (Defendant B54/2020)
16/06/2021 Outline of oral argument (Defendant B52/2020)
17/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
17/06/2021 Outline of oral argument (Attorney-General of the Commonwealth of Australia, intervening B52/2020 & B54/2020)
17/06/2021 Outline of oral argument (Attorney-General for the Northern Territory of Australia, intervening B52/2020 & B54/2020)
17/06/2021 Outline of oral argument (Attorney-General for the State of Victoria, intervening B52/2020 & B54/2020)
17/06/2021 Outline of oral argument (Attorney-General for New South Wales, intervening B52/2020 & B54/2020)
17/06/2021 Outline of oral argument (Attorney-General of the State of Queensland, intervening B52/2020 & B54/2020)
18/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
13/10/2021 Judgment B54/2020 (Judgment summary)
13/10/2021 Judgment B52/2020