Clive Palmer claims legal win to plead ASIC case
Royalties billionaire Clive Palmer has set the scene for more legal fights over a Federal investigation and charges linked to allegedly dodgy dealings more than a decade ago.
Mr Palmer's legal team won the go-ahead to promptly front three Federal Court appeal judges as the Queenslander tries to revive a scuttled abuse of power action against former Australian Securities and Investments Commission commissioner James Shipton.
On another legal front, Queensland's Supreme Court has passed to its Federal counterparts an attempt by Mr Palmer to scuttle charges over the allegedly unlawful diversion of $12 million to his political campaign in 2013.
While the Queensland court this week rejected the lion's share of Mr Palmer's appeal aimed at killing charges laid in 2020, it ruled the Federal Court should determine questions related to a Brisbane magistrate's handling of Corporations Act allegations.
Hotly-contested charges laid in 2018 and 2020 as a result of ASIC investigations continue to grind through the Queensland legal system after Mr Palmer last year failed to scuttle them in the High Court.
In addition to various appeals, Mr Palmer and his operating company Palmer Leisure last year launched a Federal Court civil action blaming Mr Shipton for alleged misconduct related to the 2018 charges.
ASIC allegedly was improperly influenced as its officers investigated reports that Palmer Leisure failed in 2013 to proceed with a promised takeover for a company that operated time shares in Mr Palmer's Coolum Resort.
Mr Shipton was the ASIC commissioner from January 2018 to late 2020.
Federal Court judge Stewart Anderson threw out the misfeasance case against Mr Shipton in March this year after finding the Palmer allegations were drawn from inferences, assertions and speculation.
Ruling on Tuesday that Mr Palmer and Palmer Leisure be given an accelerated appeal process, Justice Craig Colvin said the cases against Mr Shipton may well lack the necessary evidence.
But the allegations 'impugned the conduct of the most senior officer of the regulator at the time', he said.
Justice Colvin said it was likely more efficient for the leave application and any appeal be heard together.
Mr Palmer would normally have to front a single Federal Court judge seeking leave to appeal against Justice Anderson's judgment.
Under the special processes decided by Justice Colvin, three judges will hear Mr Palmer's leave to appeal application and then rule on the substance of any appeal they allowed to proceed.
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The Advertiser
a day ago
- The Advertiser
'Line in the sand': Lib leader voted for Pesutto loan
A state Liberal leader is calling for his colleagues to end a long-running civil war after the party agreed to a $1.55 million loan to save John Pesutto's political career. The Victorian Liberals' administrative committee met on Thursday night and agreed to lend former leader John Pesutto the seven-figure sum to settle legal costs owed to first-term MP Moira Deeming. The cash is separate from campaign money and not drawn from taxpayer funds. Opposition Leader Brad Battin was among those who voted to support the deal, with the money to be paid directly to Mrs Deeming and Mr Pesutto to repay it at market-rate interest. "We've actually put the line in the sand on that and now we really have to focus on moving forward," Mr Battin told ABC Radio Melbourne on Friday. Mr Pesutto was ordered to pay $2.3 million in legal costs to Mrs Deeming after the Federal Court found he defamed her by implying she was associated with neo-Nazis. It left him facing bankruptcy, which would have triggered his exit from parliament and a subsequent by-election in his marginal seat of Hawthorn, unless the debt was paid back in a matter of weeks. Mr Pesutto, who has already coughed up $315,000 in damages, had only raised about $750,000 through wealthy backers and a GoFundMe campaign. Time is running out for Mr Battin to unite the Liberals before the next state election in November 2026. Mr Battin urged his fellow MPs to stop the infighting to present a credible alternative to the Victorian Labor government, in power for all but four years since 1999. "I really believe now is our opportunity to ensure each and every one of my members has a think about what they've wanted to get into parliament for, and it wasn't to be in opposition," he said. Mrs Deeming, who was expelled from the party room before being welcomed back in December, appeared unprepared to follow his advice when she took to social media after the bailout news. "They failed to protect her when she was attacked," she posted. "They punished her for defending herself ... this is what institutional abuse looks like." An offer to defer some of the legal bill in exchange for Mrs Deeming's guaranteed preselection and Mr Pesutto swearing off trying to return as leader for three years was rebuffed. The proposed deal led to a complaint to the state's corruption watchdog, but Mrs Deeming has denied claims of blackmail. A state Liberal leader is calling for his colleagues to end a long-running civil war after the party agreed to a $1.55 million loan to save John Pesutto's political career. The Victorian Liberals' administrative committee met on Thursday night and agreed to lend former leader John Pesutto the seven-figure sum to settle legal costs owed to first-term MP Moira Deeming. The cash is separate from campaign money and not drawn from taxpayer funds. Opposition Leader Brad Battin was among those who voted to support the deal, with the money to be paid directly to Mrs Deeming and Mr Pesutto to repay it at market-rate interest. "We've actually put the line in the sand on that and now we really have to focus on moving forward," Mr Battin told ABC Radio Melbourne on Friday. Mr Pesutto was ordered to pay $2.3 million in legal costs to Mrs Deeming after the Federal Court found he defamed her by implying she was associated with neo-Nazis. It left him facing bankruptcy, which would have triggered his exit from parliament and a subsequent by-election in his marginal seat of Hawthorn, unless the debt was paid back in a matter of weeks. Mr Pesutto, who has already coughed up $315,000 in damages, had only raised about $750,000 through wealthy backers and a GoFundMe campaign. Time is running out for Mr Battin to unite the Liberals before the next state election in November 2026. Mr Battin urged his fellow MPs to stop the infighting to present a credible alternative to the Victorian Labor government, in power for all but four years since 1999. "I really believe now is our opportunity to ensure each and every one of my members has a think about what they've wanted to get into parliament for, and it wasn't to be in opposition," he said. Mrs Deeming, who was expelled from the party room before being welcomed back in December, appeared unprepared to follow his advice when she took to social media after the bailout news. "They failed to protect her when she was attacked," she posted. "They punished her for defending herself ... this is what institutional abuse looks like." An offer to defer some of the legal bill in exchange for Mrs Deeming's guaranteed preselection and Mr Pesutto swearing off trying to return as leader for three years was rebuffed. The proposed deal led to a complaint to the state's corruption watchdog, but Mrs Deeming has denied claims of blackmail. A state Liberal leader is calling for his colleagues to end a long-running civil war after the party agreed to a $1.55 million loan to save John Pesutto's political career. The Victorian Liberals' administrative committee met on Thursday night and agreed to lend former leader John Pesutto the seven-figure sum to settle legal costs owed to first-term MP Moira Deeming. The cash is separate from campaign money and not drawn from taxpayer funds. Opposition Leader Brad Battin was among those who voted to support the deal, with the money to be paid directly to Mrs Deeming and Mr Pesutto to repay it at market-rate interest. "We've actually put the line in the sand on that and now we really have to focus on moving forward," Mr Battin told ABC Radio Melbourne on Friday. Mr Pesutto was ordered to pay $2.3 million in legal costs to Mrs Deeming after the Federal Court found he defamed her by implying she was associated with neo-Nazis. It left him facing bankruptcy, which would have triggered his exit from parliament and a subsequent by-election in his marginal seat of Hawthorn, unless the debt was paid back in a matter of weeks. Mr Pesutto, who has already coughed up $315,000 in damages, had only raised about $750,000 through wealthy backers and a GoFundMe campaign. Time is running out for Mr Battin to unite the Liberals before the next state election in November 2026. Mr Battin urged his fellow MPs to stop the infighting to present a credible alternative to the Victorian Labor government, in power for all but four years since 1999. "I really believe now is our opportunity to ensure each and every one of my members has a think about what they've wanted to get into parliament for, and it wasn't to be in opposition," he said. Mrs Deeming, who was expelled from the party room before being welcomed back in December, appeared unprepared to follow his advice when she took to social media after the bailout news. "They failed to protect her when she was attacked," she posted. "They punished her for defending herself ... this is what institutional abuse looks like." An offer to defer some of the legal bill in exchange for Mrs Deeming's guaranteed preselection and Mr Pesutto swearing off trying to return as leader for three years was rebuffed. The proposed deal led to a complaint to the state's corruption watchdog, but Mrs Deeming has denied claims of blackmail. A state Liberal leader is calling for his colleagues to end a long-running civil war after the party agreed to a $1.55 million loan to save John Pesutto's political career. The Victorian Liberals' administrative committee met on Thursday night and agreed to lend former leader John Pesutto the seven-figure sum to settle legal costs owed to first-term MP Moira Deeming. The cash is separate from campaign money and not drawn from taxpayer funds. Opposition Leader Brad Battin was among those who voted to support the deal, with the money to be paid directly to Mrs Deeming and Mr Pesutto to repay it at market-rate interest. "We've actually put the line in the sand on that and now we really have to focus on moving forward," Mr Battin told ABC Radio Melbourne on Friday. Mr Pesutto was ordered to pay $2.3 million in legal costs to Mrs Deeming after the Federal Court found he defamed her by implying she was associated with neo-Nazis. It left him facing bankruptcy, which would have triggered his exit from parliament and a subsequent by-election in his marginal seat of Hawthorn, unless the debt was paid back in a matter of weeks. Mr Pesutto, who has already coughed up $315,000 in damages, had only raised about $750,000 through wealthy backers and a GoFundMe campaign. Time is running out for Mr Battin to unite the Liberals before the next state election in November 2026. Mr Battin urged his fellow MPs to stop the infighting to present a credible alternative to the Victorian Labor government, in power for all but four years since 1999. "I really believe now is our opportunity to ensure each and every one of my members has a think about what they've wanted to get into parliament for, and it wasn't to be in opposition," he said. Mrs Deeming, who was expelled from the party room before being welcomed back in December, appeared unprepared to follow his advice when she took to social media after the bailout news. "They failed to protect her when she was attacked," she posted. "They punished her for defending herself ... this is what institutional abuse looks like." An offer to defer some of the legal bill in exchange for Mrs Deeming's guaranteed preselection and Mr Pesutto swearing off trying to return as leader for three years was rebuffed. The proposed deal led to a complaint to the state's corruption watchdog, but Mrs Deeming has denied claims of blackmail.
News.com.au
a day ago
- News.com.au
Ben Roberts-Smith battles for last chance to overturn defamation loss in Australia's highest court
Ben Roberts-Smith has turned to Australia's highest court in a last-ditch effort to sue Nine Newspapers over war crime allegations. Roberts-Smith claims the Federal Court bolstered its murder conclusions on the assumption that because he didn't challenge evidence, he accepted it as fact. Roberts-Smith filed an application for special leave with the High Court of Australia on Wednesday, just a month after he failed to overturn his loss to Nine Newspapers over war crimes allegations made in a series of stories. Federal Court Justice Anthony Besanko in June 2023 dismissed Roberts-Smith's multimillion-dollar lawsuit against The Sydney Morning Herald, The Age and Canberra Times in a landmark judgment. Justice Besanko found that Roberts-Smith was involved in the murder of four unarmed men during his deployment in Afghanistan. The findings were made on the balance of probabilities, which is less than the criminal standard of beyond reasonable doubt. His appeal to the Full Court of the Federal Court was dismissed by Justices Nye Perram, Anna Katzmann and Geoffrey Kennett in May The court found that while Justice Besanko made two errors in his judgment, they were described as 'immaterial'. Roberts-Smith's latest bid to overturn his defamation loss hinges on two grounds, including claims the Federal Court made an error by assuming he accepted facts because he didn't contest evidence. 'The Full Court erred by treating the appellant as affirmatively accepting facts that were not recontested, and using that assumed acceptance to bolster its murder conclusions, thus misconceiving the effect of unchallenged findings on appeal,' the special leave application stated. The other ground argued the Federal Court preferred 'delayed, contradictory and memory-impaired' eyewitness accounts over Australian Defence Force (ADF) operational records. This was in relation to Roberts-Smith's involvement in the murder of two prisoners at a compound called Whiskey 108 in 2009, the murder of a handcuffed shepherd Ali Jan at Darwan in 2012, and Roberts-Smith directing members of the Afghan partner forces to shoot a man following the discovery of a cache of weapons during an operation at Chinartu. The application argues the findings of war crimes couldn't be reached to the requisite standard under the Evidence Act as they relied on 'inconsistent and memory-impaired recollections' from more than a decade after the events and despite 'exculpatory' ADF operational records. ADF records document 'lawful engagements and no executions' and would-be engagements 'consistent with the laws of armed conflict', Roberts-Smith claims. Further, the application claims the records were discounted on 'speculative or flawed grounds', including by treating them as 'no more than repetitions of the applicant's account' or rejecting them on 'asserted inconsistencies that arose only at trial and were not evident at the time of reporting' in the cases of Darwan and Chinartu. Finally, it argued that the findings were reached without the 'criminal-trial safeguards of a jury, prosecutorial disclosure and proof beyond reasonable doubt', and the Evidence Act had been misapplied in regard to the satisfaction of 'facts tantamount to criminal guilt'. Roberts-Smith continues to deny the allegations, last month releasing a statement that said: 'Sunlight is said to be the best disinfectant, and I believe one day soon the truth will prevail.'
Perth Now
a day ago
- Perth Now
Roberts-Smith's last throw of the dice
Ben Roberts-Smith has turned to Australia's highest court in a last-ditch effort to sue Nine Newspapers over war crime allegations. Roberts-Smith claims the Federal Court bolstered its murder conclusions on the assumption that because he didn't challenge evidence, he accepted it as fact. Roberts-Smith filed an application for special leave with the High Court of Australia on Wednesday, just a month after he failed to overturn his loss to Nine Newspapers over war crimes allegations made in a series of stories. Federal Court Justice Anthony Besanko in June 2023 dismissed Roberts-Smith's multimillion-dollar lawsuit against The Sydney Morning Herald, The Age and Canberra Times in a landmark judgment. Justice Besanko found that Roberts-Smith was involved in the murder of four unarmed men during his deployment in Afghanistan. The findings were made on the balance of probabilities, which is less than the criminal standard of beyond reasonable doubt. His appeal to the Full Court of the Federal Court was dismissed by Justices Nye Perram, Anna Katzmann and Geoffrey Kennett in May The court found that while Justice Besanko made two errors in his judgment, they were described as 'immaterial'. Ben Roberts-Smith was found, on the balance of probabilities, to be involved in the murder of four unarmed men during his deployment in Afghanistan. NewsWire / Max Mason-Hubers Credit: News Corp Australia Roberts-Smith's latest bid to overturn his defamation loss hinges on two grounds, including claims the Federal Court made an error by assuming he accepted facts because he didn't contest evidence. 'The Full Court erred by treating the appellant as affirmatively accepting facts that were not recontested, and using that assumed acceptance to bolster its murder conclusions, thus misconceiving the effect of unchallenged findings on appeal,' the special leave application stated. The other ground argued the Federal Court preferred 'delayed, contradictory and memory-impaired' eyewitness accounts over Australian Defence Force (ADF) operational records. This was in relation to Roberts-Smith's involvement in the murder of two prisoners at a compound called Whiskey 108 in 2009, the murder of a handcuffed shepherd Ali Jan at Darwan in 2012, and Roberts-Smith directing members of the Afghan partner forces to shoot a man following the discovery of a cache of weapons during an operation at Chinartu. The application argues the findings of war crimes couldn't be reached to the requisite standard under the Evidence Act as they relied on 'inconsistent and memory-impaired recollections' from more than a decade after the events and despite 'exculpatory' ADF operational records. Roberts-Smith was Australia's most decorated soldier. NewsWire / Max Mason-Hubers Credit: News Corp Australia He has applied for special leave to appeal in the High Court. NewsWire / Max Mason-Hubers Credit: News Corp Australia ADF records document 'lawful engagements and no executions' and would-be engagements 'consistent with the laws of armed conflict', Roberts-Smith claims. Further, the application claims the records were discounted on 'speculative or flawed grounds', including by treating them as 'no more than repetitions of the applicant's account' or rejecting them on 'asserted inconsistencies that arose only at trial and were not evident at the time of reporting' in the cases of Darwan and Chinartu. Finally, it argued that the findings were reached without the 'criminal-trial safeguards of a jury, prosecutorial disclosure and proof beyond reasonable doubt', and the Evidence Act had been misapplied in regard to the satisfaction of 'facts tantamount to criminal guilt'. Roberts-Smith continues to deny the allegations, last month releasing a statement that said: 'Sunlight is said to be the best disinfectant, and I believe one day soon the truth will prevail.'
