Extraordinary legislation to prevent Clive Palmer from claiming up to $30 billion in damages from the state of Western Australia is "an abomination masquerading as law", the billionaire mining magnate has told the High Court.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Mr Palmer, who is representing himself, on Wednesday argued the legislation breached the constitution and was "repugnant to justice".
WA's parliament last August passed a bill to amend a 2002 state agreement with Mr Palmer's company Mineralogy and terminate arbitration between the two parties.
The legislation, introduced by the McGowan Labor government and hastily passed with bipartisan support, is designed to block Mr Palmer from suing the state.
The Queenslander is seeking up to $30 billion from WA taxpayers over a decision by the former Liberal state government not to assess one of his mining projects.
Mr Palmer told the full bench in Canberra the legislation singled him out for "disability and discrimination", deprived him of the right to natural justice and was invalid because it applied to him as a resident of another state.
"If the amending act is valid, they will come for all of us," he said.
"There will be no one left to speak out for Australia and its people. The amending act is repugnant to justice and the rule of law.
"I will respectfully submit it should be declared by this honourable court as invalid in its entirety."
Mr Palmer said he and his companies had won at every stage of the arbitration process.
He said the legislation threatened certainty for global investors and called into question the sanctity of the arbitration system.
"Who would go for arbitration if you cannot rely on the award?," he said.
"The courts of this country would be flooded, the judiciary would be overcome, and the delays would be contrary to justice."
Lawyers for the state of WA dismiss Mr Palmer's claims of state-based discrimination.
Their submission says the legislation was passed "in order to protect Western Australians from the crippling effects" that a $30 billion damages claim would have on the state.
The federal government recently filed a notice of intervention rejecting Mr Palmer's position. NSW and the Northern Territory have also intervened in support of WA.
Queensland is not supporting either party but has submitted the legislation does not discriminate against Mr Palmer on the basis of his Queensland residency.
Victoria submits that there is no breach of Section 117 of the constitution.
The High Court last year struck out Mr Palmer's constitutional challenge to WA's hard border closures during the coronavirus pandemic.
Mr Palmer also has a defamation claim against Premier Mark McGowan before the Federal Court.
The pair were last week ordered to meet in face-to-face mediation in a bid to resolve their dispute. It is expected to happen before the end of September.
Mineralogy is being represented in the High Court by barrister David Jackson QC, who on Tuesday likened the legislation to Swiss cheese.
"It has a sufficient number of holes to make it inedible," he told the court.
The hearing continues.
Australian Associated Press
