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The central elements of the law are that he says that Palmer Balmoral South`s proposals have no legal effect (i.e. they are dead); and arbitration is “finished.” All McHugh awards in 2014 and 2019 are declared ineffective. The arbitration agreement is also considered null and void. The state attempted to challenge the prize in 2019 in the Supreme Court (Western Australia v Mineralogy Pty Ltd [2020] WASC 58). One of the questions was whether the Repealed Commercial Arbitration Act of 1985 (VA) or the current Commercial Arbitration Act 2012 (AV) had been applied. The grounds for appeal are much more limited than the first. Justice Martin found that he was applying for the 2019 prize and that the state could not appeal. There was a long gap in which the applicants did not take steps to exercise their rights. There were differences of opinion between the parties on the impact of the 2014 prize.

Until 2017, the state considered it to be obsolete. This triggered a second arbitration proceeding asking Mr. McHugh to consider whether claims could be assessed on the delay and whether the harm caused to the alleged offence of imposing allegedly inappropriate conditions on supporters 46 could be assessed. Mr. McHugh handed over a second arbitration award (the 2019 award) in which he believed that the supporters had not committed a disproportionate and inexcusable delay and that it was possible to assess the harm suffered by the violations. Despite these broadly supportive views, the passage of state-agreement bills over the past decade has not been a mere “rubber stamp exercise.” The amendments are usually developed and coordinated with the supporter of the state agreement before being introduced into Parliament. As a result, bills, as they have been introduced, are rarely amended. However, over the past decade, the VA government has benefited from amending an agreement to “modernize” and “normalize” it or impose additional obligations, again with the agreement of the supporter.

It is perhaps the most insulting, most heinous law I have ever seen. It is offensive to the fundamental principles of our parliamentary democracy, because it decouples legislative powers, its Heinrich VIII clauses, its interference in an ongoing dispute, its interference in the separation of powers and its dismantling of the separation of powers and the decomposition of a human being`s rights to natural justice and fair procedures. What makes this legislation so bad and insulting is its erosion of the rule of law (Aaron Stonehouse, Legislative Council Debates, August 13, 2020, p. 4944). Arbitration proceedings were registered by the Supreme Court of Queensland prior to the adoption of the legislation discussed below. It is possible that a State Supreme Court imposes arbitration awards from another state with a few exceptions (see Commercial Arbitration Act 2013 (Qld), ss 35 and 36).