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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-11-11 Daily Xml
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ANTI-BIKIE LEGISLATION

Mrs REDMOND (Heysen—Leader of the Opposition) (14:32): My question is to the Attorney-General. What is the estimated total cost to the taxpayer for the failed Supreme Court and High Court challenges to the anti-bikie legislation, including costs awarded to the Finks Motorcycle Club, the costs of the government's legal representations, and internal costs, such as the work of the Crown Solicitor's Office?

It was reported in the media last October that the then attorney-general, Michael Atkinson, said, 'If the High Court upholds the Supreme Court's decision on control orders, it will mean a $50,000 legal bill at worst.'

The Hon. J.R. RAU (Enfield—Attorney-General, Minister for Justice, Minister for Tourism) (14:32): I thank the Leader of the Opposition for that question. As she would be aware, the traditional rules in relation to the awarding of costs are that the winning party has their costs, as taxed or agreed, paid by the losing party, and I understand that that is the order that has been made by the court. Mr Caldicott, I believe, was representing the successful party in this appeal, and I am not sure whether even Mr Caldicott has added up his numbers yet, and if he has added his numbers up he has certainly not told me what they are, and might I add—

Mr Marshall interjecting:

The SPEAKER: Order, member for Norwood! You are too noisy.

The Hon. J.R. RAU: I know that the Leader of the Opposition knows all of this information from her own experience, but some of her colleagues don't, so they might like to listen. The member for Bragg knows about all of this too, of course.

Mr Pengilly interjecting:

The SPEAKER: Order, member for Finniss!

The Hon. J.R. RAU: If the member for Finniss would be quiet for just a moment he would be hearing the answer. The answer is this, that in respect of Mr Caldicott's costs, if he knows what they are yet, and I would be surprised if he did, but if he did know what they are he has not yet shared it with me, and when he does share it with me I dare say we will have to have a look at what he says his costs are and consider which, if any, of those costs are recoverable.

Inasmuch as your question is directed to the costs borne by the government, I have to say that I am not entirely clear as to how one would be calculating the cost borne by government because, as the Leader of the Opposition well knows, many, if not all, of the people who have been involved in this matter are employees of the government. As I understand it, and I could be wrong here and the honourable member might know better than me, government lawyers do not sit there with six minute units in front of them and work their way out in this way. I will try to find out what I can about the Crown's—

Mrs Redmond: Ring Michael Owen.

The Hon. J.R. RAU: Yes, I will.

Members interjecting:

The SPEAKER: Order!

The Hon. J.R. RAU: I might try—

Members interjecting:

The SPEAKER: Order!

The Hon. J.R. RAU: —someone else next time. Anyway, back to the main point—

An honourable member: Try Greg Kelton!

The Hon. J.R. RAU: That's right; Mr Kelton can expect a call shortly, but back to the point. I will make inquiries of the Crown to see whether we can get some idea what their figures are. I guess that I will just have to wait for Mr Caldicott to let me know what his figures are.

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