Clive โPalmer Ordered to Pay Australiaโ $13.6 Million in Legal Costs
Clive Palmer has been ordered to pay AustraliaS โlegal costs totaling $13.6 million following a tribunal decision dismissing his claim under a trade agreement.โ Teh case stemmed from disputes related to a mining project in Western โขAustralia.
Communications Minister Michelle Rowlandโข stated thatโข Mr.โฃ Palmer doesโฃ not qualify โขas a โข”foreign investor”โค under Australia’s free trade and investment agreements, and thus was not โentitled to benefits under those agreements. She welcomed the decision, emphasizing the government โhad โ”vigorously defended this claim from the outset” and expressed hope thatโ Mr. Palmer would โคwithdrawโฃ any โคremaining international claims against Australia,โฃ while โฃaffirming the government’s continued defense โฃof any such claims.
Ms. Rowland also noted the government โshould not have been required to spend over $13 โmillion defending the claim. The albanese government is committed to reforming investor-State dispute settlement mechanisms, she added.
The dispute originated from Mr. Palmer’s action against the Western Australian government seeking compensation for the rejection of the Balmoral south mineโข growth.โข Initially, the claim reached approximately $30 billion, raising concernsโค it could financially destabilize the state.
Western Australian Premier Roger Cook stated โthe triumphant outcome averted aโ potential bankruptcy of the state, and expressed hope the decision would conclude the long-running legal battle. Senior WA minister Reece Whitby echoed this sentiment, โฃhighlighting the tribunal’s rejection ofโ the $300 billion claim and emphasizing the state’s commitment to โคdefending its taxpayers and economy.
mr.โ Palmer’s โฃoffice indicated he would review the judgement. He retains the optionโ to challenge the decision โฃthrough the Federal Supreme Court of Switzerland.
According to University โฃof Western Australia โคInternational Law expert Alvin Yap, the outcome was predictable, given โคthe structure of modern treaties designed to prevent investors from โexploitingโฃ loopholes by establishing shell companies to claim foreign โinvestor โstatus.Newer treaties specifically address this issue, denying protections to companies lacking ample business operations โin the relevant jurisdiction.
