Palmer v The State of Western Australia

The High Court of Australia heard an application by the State of Western Australia to strike out parts of the amended statement of claim filed by Clive Frederick Palmer. The dispute concerned the validity and effect of the *Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020* (WA) and its impact on Mr Palmer's ability to pursue his claims.

The primary legal issues before the Court were whether section 19 of the amending Act prohibited the State's application to strike out parts of Mr Palmer's pleading, and alternatively, whether section 19 would prevent Mr Palmer from re-pleading any impugned sections if leave were granted. Mr Palmer also contended that the validity of sections 11(3) and 19(3) of the amending Act needed to be determined before the strike-out application could be considered, as their operation might deny him natural justice.

The Court determined that section 19 of the amending Act did not apply to the proceedings or the State's application to strike out. His Honour reasoned that the proceeding itself was instituted before the commencement of the amending Act, and the strike-out application, even if considered a proceeding, was not a proceeding against the State as contemplated by section 19(3). Consequently, the Court indicated it would entertain the defendant's application to strike out sections of the amended statement of claim. The Court also sought clarification from Mr Palmer regarding the specificity of his claims of inconsistency between the amending Act and Commonwealth legislation, and the alleged replication of certain paragraphs within his statement of claim.