Mr KIELY - 2002-05-22
The minister has proposed that former Prime Minister, Bob Hawke, conduct the mediation between the Northern Territory and NAALAS in an attempt to settle the long-running court proceedings concerning the appointment of the Chief Magistrate. Can you update the House on the current status of the mediation?
ANSWER
Madam Speaker, this week, for a second time, arrangements have been made for the former Prime Minister, Bob Hawke, to come to Darwin to mediate between the parties to this litigation. He was due to arrive tonight, and his brief was to try to resolve any remaining issues between the parties to avoid the need to continue costly litigation. The government strongly believed it could reach a constructive settlement with this long running, divisive dispute. It is with regret that I must inform the House that the appeal hearing before the full Federal Court will now proceed next Tuesday.
NAALAS, through its lawyers, had advised the representatives of both NAALAS and ATSIC would participate in a mediation this Friday with Mr Hawke. However, late yesterday, lawyers representing NAALAS advised the government there were some issues which they did not believe could be resolved before Friday. They advised they could, therefore, no longer agree to the mediation proceeding before the appeal hearing on Tuesday.
Primarily, NAALAS objected to the requirement that all parties in the mediation, including the government, sign an agreement to indemnify Mr Hawke from any future legal proceedings. In other words …
Mr Burke interjecting.
Dr TOYNE: Now, hear us out. In other words, an agreement not to sue Mr Hawke. However, an indemnity agreement is a standard requirement for mediations.
The government instructed its lawyers to attempt to resolve any other issues that might have prevented the mediation proceeding. Unfortunately, the lawyers for NAALAS have not responded to a written request to this effect. Members would be aware that this is the second time that NAALAS, through its lawyers, have decided not to participate in the mediation process with Mr Hawke. Arrangements had previously been made for Mr Hawke to come to Darwin on 2 and 3 May to try to mediate this dispute prior to the Federal Court’s decision on costs, which was handed down on 7 May. However, on 1 May, NAALAS, through its lawyers, indicated it would not participate in the mediation. Then, Sunday 5 May, NAALAS’ lawyers indicated a change of heart.
Mr Hawke agreed for a second time to come to Darwin, but again, NAALAS has now indicated it cannot participate. It is with great regret, Madam Speaker, that this will now proceed to a further hearing on Tuesday, 28 May. As Attorney-General, I respect NAALAS’ right to continue to litigate its case through the courts, but I regret that the government’s attempts to constructively mediate this matter have been rejected.
Because the matter is still before the courts, I am unable to comment further, but I would like to express my gratitude to Mr Hawke. Mr Hawke made himself available to travel to Darwin on two occasions, on short notice, and he also generously offered his services and time free of charge. I would like to extend my personal appreciation as well as that of the government for his generous offer to assist in this matter.
ANSWER
Madam Speaker, this week, for a second time, arrangements have been made for the former Prime Minister, Bob Hawke, to come to Darwin to mediate between the parties to this litigation. He was due to arrive tonight, and his brief was to try to resolve any remaining issues between the parties to avoid the need to continue costly litigation. The government strongly believed it could reach a constructive settlement with this long running, divisive dispute. It is with regret that I must inform the House that the appeal hearing before the full Federal Court will now proceed next Tuesday.
NAALAS, through its lawyers, had advised the representatives of both NAALAS and ATSIC would participate in a mediation this Friday with Mr Hawke. However, late yesterday, lawyers representing NAALAS advised the government there were some issues which they did not believe could be resolved before Friday. They advised they could, therefore, no longer agree to the mediation proceeding before the appeal hearing on Tuesday.
Primarily, NAALAS objected to the requirement that all parties in the mediation, including the government, sign an agreement to indemnify Mr Hawke from any future legal proceedings. In other words …
Mr Burke interjecting.
Dr TOYNE: Now, hear us out. In other words, an agreement not to sue Mr Hawke. However, an indemnity agreement is a standard requirement for mediations.
The government instructed its lawyers to attempt to resolve any other issues that might have prevented the mediation proceeding. Unfortunately, the lawyers for NAALAS have not responded to a written request to this effect. Members would be aware that this is the second time that NAALAS, through its lawyers, have decided not to participate in the mediation process with Mr Hawke. Arrangements had previously been made for Mr Hawke to come to Darwin on 2 and 3 May to try to mediate this dispute prior to the Federal Court’s decision on costs, which was handed down on 7 May. However, on 1 May, NAALAS, through its lawyers, indicated it would not participate in the mediation. Then, Sunday 5 May, NAALAS’ lawyers indicated a change of heart.
Mr Hawke agreed for a second time to come to Darwin, but again, NAALAS has now indicated it cannot participate. It is with great regret, Madam Speaker, that this will now proceed to a further hearing on Tuesday, 28 May. As Attorney-General, I respect NAALAS’ right to continue to litigate its case through the courts, but I regret that the government’s attempts to constructively mediate this matter have been rejected.
Because the matter is still before the courts, I am unable to comment further, but I would like to express my gratitude to Mr Hawke. Mr Hawke made himself available to travel to Darwin on two occasions, on short notice, and he also generously offered his services and time free of charge. I would like to extend my personal appreciation as well as that of the government for his generous offer to assist in this matter.
Last updated: 09 Aug 2016