A defamation fight between Clive Palmer and Designate McGowan is determined to toddle into next year, with domestic border closures having prevented mediation.
The Federal Court docket on Friday rejected the West Australian premier’s state to possess the subject pushed relief except the second half of of 2022.
Barrister Lyndelle Barnett, representing Mr McGowan, acknowledged there used to be no exact certain guess whether the premier may maybe maybe be on hand for a proposed February trial in Sydney.
She acknowledged the parliamentary sitting calendar for next year had no longer been released and “there used to be a risk” border closures may maybe maybe quiet be in space.
“I adore that my client has a level of deal with watch over over that however he has applied these border controls for a reason,” Ms Barnett informed the far off court hearing.
“For all of these causes … we may maybe maybe be attempting for to possess a hearing within the later a part of 2022.”
Justice Michael Lee acknowledged such an consequence may maybe maybe be “unsatisfactory” and such cases must quiet, by their nature, be resolved promptly.
The mediate flagged he would peep to design apart dates in January and February with the trial expected to final up to just a few weeks.
He indicated it’d be shifted from Sydney to Perth to accommodate the premier’s commitments.
Ms Barnett acknowledged an exclaim for in-person mediation to take space before the cessation of September had no longer been conceivable to fulfil attributable to persisted border closures.
She sought a variation to the exclaim made by Justice Richard White that would allow mediation to be carried out near to, including that dilapidated WA Chief Justice Wayne Martin had been nominated as a doable mediator.
Nonetheless counsel for Mr Palmer, Peter Gray SC, acknowledged an in-person hearing remained preferable.
He acknowledged while his client had been commence to mediation, Mr McGowan had publicly pushed aside the root as “pointless”.
“On this explicit case engaging these two explicit litigants, who I’m instructed possess never basically met, it’d be the kind of case the keep mediation in person is desirable if there is to be any unbiased accurate likelihood of mediation working within the near that it may maybe,” Mr Gray acknowledged.
Noting the “emotional baggage” between the pair, Justice Lee agreed that in-person mediation may maybe maybe be preferable and doubtless be held in Perth.
Mr Palmer final year filed a lawsuit in opposition to the premier, claiming his public comments, including labelling him the “enemy of West Australia”, had damaged his reputation.
Mr McGowan lodged his contain defamation counter-state a month later.
A separate Excessive Court docket subject between Mr Palmer and the state of Western Australia is anticipating judgment.
It relates to unheard of legislation passed in WA’s parliament in August to amend a 2002 state agreement with Mr Palmer’s Mineralogy company and terminate arbitration between the two parties.
The invoice is designed to dam Mr Palmer from claiming up to $30 billion in damages from the state.