LABOR’S LINKS TO LAWYERS? – MP’S IBAC REFERRAL
Western Victoria MP Bev McArthur has revealed she has written to IBAC Commissioner the Hon. Robert Redlich QC over failures by Victorian Attorney-General Jill Hennessey to release important information prior to an upcoming parliamentary debate.
Mrs McArthur has asked IBAC to investigate the delay in responding to 3 FOI requests, submitted to the Attorney-General and her Department of Justice and Community Safety on Wednesday 25 March. The 60-day deadline for response has now passed.
Mrs McArthur had sought information on any meetings between the Premier or Attorney General with representatives of Maurice Blackburn and other large class-action law-firms, including any meeting notes. She believes the information must be released ahead of a Parliamentary debate which could see the law changed to the advantage of these firms.
The Justice Legislation Miscellaneous Amendments Bill 2019 would allow plaintiff lawyers in Victoria to take a percentage of the settlement they win, rather than charging a set fee according to the work they have done, making the state unique in Australia.
Mrs McArthur has joined many critics in fearing this will open the floodgates to large numbers of speculative class-action lawsuits, and an American style legal culture. Maurice Blackburn are the leading fillers of class actions in Australia, with 17.8 per cent of all claims brought.
The Law Council of Australia has recently noted: “Enabling lawyers to hold a direct financial interest in the outcome of their client’s case creates a serious risk of compromising a practitioner’s fundamental ethical obligations to the court and their clients.”
Mrs McArthur said:
“I am seriously worried about the consequences of this Bill. It is anti-victim, anti-plaintiff, anti-justice and anti-business. And I’m even more concerned about why this Government is so keen to pass it, and in whose interests they are acting.”
The legislation is due to go through its last parliamentary stage when it reaches the Legislative Council in Parliament’s next sitting week, w/c 15 June.
“The information I requested could prove highly embarrassing for the Government, and I would like to know, therefore, if there has been any effort from within either the Premier’s or Attorney General’s office to delay its release.”
“I have asked the IBAC commissioner to investigate whether there is a conflict of interest, or actions which constitute misconduct, in the relationship between Maurice Blackburn Pty Ltd and members of the government.”
Mrs McArthur noted the close links between Maurice Blackburn and the Australian Labor Party, including its long-term substantial donations. In the lead up to the last state and federal elections, donations to the Australian Council of Trade Unions and the Labor Party totalled nearly $600,000.
“These long overdue FOI requests are certainly typical of the Andrews Government’s arrogant attitude to scrutiny, but I hope they do not suggest an even more serious reason for suppression. It is vital that the information is revealed before MPs get a chance to vote on legislation which could prove so beneficial to these law firms.”
“I trust the IBAC Commissioner will look carefully at the facts I have placed before him, determine the reasons this information has been withheld, and examine the propriety of any contacts between Government and those who stand to benefit from the new legislation.”
A full timeline of requests made and information sought is available, with further quotes on the Andrews Government’s approach to FOIs and attitude to scrutiny more generally. Please let me know if you require any more material on this matter.
5 June 2020