UPDATE: Mining magnate Clive Palmer has ramped up his legal fight against the Australian government, announcing plans to escalate the case to Switzerland. Palmer, who owes the Commonwealth over $13 million, is determined to continue his pursuit after an international tribunal dismissed his claim regarding a lucrative iron ore mine in the Pilbara region.
The Permanent Court of Arbitration in The Hague recently ruled it lacked jurisdiction over the dispute between Palmer, a national citizen, and the government. Palmer responded defiantly, stating, “The Federal Supreme Court of Switzerland would be the next step in the journey to achieve justice in the matter,” expressing hope that the Swiss court would rule differently.
This latest development follows a prolonged battle stemming from Palmer’s claims through a Singaporean investment company, which initially sought damages of nearly $200 billion (AUD 305 billion). The case alleged violations of the ASEAN-Australia-New Zealand Free Trade Agreement after a mining proposal was denied in 2012.
On October 15, 2023, Australian Attorney-General Michelle Rowland stated that the tribunal’s decision confirmed Palmer was not classified as a “foreign investor,” thus ineligible for benefits under Australia’s trade agreements. She lamented, “Australia should never have had to spend two years and over $13 million defending an investor-state claim brought by an Australian national.”
Despite Rowland’s hopes that Palmer would withdraw his claims following the tribunal’s ruling, he has made it clear he will not back down. “We remain hopeful that, with this clear ruling from the tribunal, Mr. Palmer will withdraw his remaining international claims against Australia,” Rowland added.
Western Australia’s government has faced scrutiny over legislation introduced in 2020 aimed at preventing future damages claims, following the initial rejection of Palmer’s proposal in 2012. WA Attorney-General Tony Buti emphasized the potential implications of Palmer’s earlier claim, stating it could have bankrupted the state if successful. “I trust this decision will finally close the book on this long-running saga,” he said.
As Palmer gears up for the next phase of this contentious legal battle, the implications for both the mining industry and Australian taxpayers remain significant. Authorities are prepared to take all necessary actions to defend against Palmer’s claims as this high-stakes saga continues to unfold.
Stay tuned for further updates on this developing story as it impacts the legal landscape and economic interests of Australia.
