Palmer v Western Australia

The plaintiff, Mr Palmer, commenced proceedings in the High Court's original jurisdiction seeking declarations that the *Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020* (WA) (the Amending Act) was invalid. The Amending Act purported to insert new provisions into the *Iron Ore Processing (Mineralogy Pty Ltd) Agreement Act 2002* (WA) that would nullify certain proposals submitted by Mineralogy Pty Ltd and International Minerals Pty Ltd to the relevant Minister, and also invalidate arbitral awards made in favour of these companies. Mr Palmer was the controller and beneficial owner of Mineralogy Pty Ltd and a director of both companies.

The High Court was required to determine several legal issues. These included whether the Amending Act was invalid on the basis that it singled out Mr Palmer for a "disability" or "discrimination" contrary to s 117 of the Constitution. The Court also had to consider whether certain provisions of the Amending Act were invalid as an exercise of adjudicative authority concerning a controversy within the scope of s 75(iv) of the Constitution, or whether they constituted a bill of pains and penalties. Finally, the Court was asked to determine if the Amending Act exceeded any limitation on the legislative power of the Parliament of Western Australia arising from the rule of law.

The Court held that the Amending Act was not invalid in its entirety. It further determined that sections 9(1) and 9(2) and sections 10(4) to 10(7) of the *Iron Ore Processing (Mineralogy Pty Ltd) Agreement Act 2002* (WA), as inserted by the Amending Act, were not invalid or inoperative. The Court answered the questions of law by stating that the Amending Act was not invalid in its entirety, and that the specified provisions were not invalid or inoperative. Consequently, the question of severability did not arise. The plaintiff was ordered to pay the costs of the Special Case.