High Court dismisses challenge to Western Australia’s Mineralogy legislation: Mineralogy Pty Ltd v Western Australia [2021] HCA 30; Palmer v Western Australia [2021] HCA 31

In August 2020, the WA Parliament enacted a law terminating a current arbitration and extinguishing rights of various companies connected to Mr Clive Palmer. This concerned a State Agreement which regulates the Mineralogy iron-ore developments in north-western Australia (and is an identical format to regulation of many other resources operations in WA and elsewhere). High Court challenges to the law’s validity, brought by Mineralogy companies and Mr Palmer, were dismissed in October 2021. While the decision confirms the WA Parliament’s power to make that law, the Court explicitly circumscribed its reasoning, noting that other disputes and proceedings remain. A battle has been won/lost, but a war likely continues.