The States and the MRRT: putting short-term politics before long-term strategy?

[by University of Adelaide’s Gabrielle Appleby – first published April 2012] So Fortescue Metals is threatening a constitutional challenge against the Mineral Resource Rent Tax, passed by the Parliament in late March. This is unsurprising: Andrew Forrest has been vocally opposed to the deal negotiated between Prime Minister Gillard and the big mining companies from its inception. And why shouldn’t it? Fortescue Metals has nothing to lose (except some money on legal bills). It is however surprising that Western Australia has indicated that it will support the challenge. Western Australia is now looking to the newly elected LNP Government in Queensland to join the challenge as well. However, the States are not private litigants. Institutionally, they have far more to lose than some money on legal bills. …

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About Ken Parish

Ken Parish is a legal academic, with research areas in public law (constitutional and administrative law), civil procedure and teaching & learning theory and practice. He has been a legal academic for almost 20 years. Before that he ran a legal practice in Darwin for 15 years and was a Member of the NT Legislative Assembly for almost 4 years in the early 1990s.
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