Clive Palmer Loses $200 Billion Legal Battle Against Australia: Tribunal Rules No Jurisdiction

September 28, 2025
Clive Palmer Loses $200 Billion Legal Battle Against Australia: Tribunal Rules No Jurisdiction
  • Palmer's case, initiated by his Singaporean investment company Zeph Investments, aimed to challenge legislation that capped damages, which could have had the potential to bankrupt Western Australia if successful.

  • The tribunal ordered Palmer to pay approximately $13.6 million in legal costs, highlighting issues with the international dispute settlement system that allows foreign investors to sue states outside domestic courts.

  • Palmer's political messaging, including calls for Australians to 'wake up,' contrasted sharply with his legal efforts involving complex international legal proceedings.

  • Palmer's claim was based on allegations of breaches of the ASEAN-Australia-New Zealand Free Trade Agreement related to legislation that limited damages claims against the state.

  • The Australian government criticized the case as an unnecessary and costly defense of an investor-state claim, with the defense costing over $13 million.

  • Legal experts have raised concerns about the tribunal system's lack of safeguards and the potential for investors to make exaggerated claims, questioning the fairness and transparency of such disputes.

  • The tribunal, the Permanent Court of Arbitration, rejected Palmer's claim on jurisdictional grounds, stating he was not a foreign investor and thus not entitled to benefits under the free trade agreements.

  • Clive Palmer, a notable Australian businessman and politician, lost a significant legal challenge against the Australian government over a blocked mining project in Western Australia, where he sought nearly $200 billion in damages.

  • The dispute involved allegations of violations of a free trade agreement between Australia, New Zealand, and ASEAN, which Palmer claimed supported his case.

  • Australian Attorney-General Michelle Rowland clarified that Palmer is not considered a 'foreign investor' under trade agreements, which affected his legal standing.

  • The Permanent Court of Arbitration dismissed Palmer's case, ruling it had no jurisdiction because he was not recognized as a foreign investor eligible under the trade agreements.

  • This legal defeat follows Palmer's previous loss in Australia's high court in 2021 and comes amid ongoing government actions, such as blocking his 2023 bid to develop a coal mine near the Great Barrier Reef for environmental reasons.

Summary based on 2 sources


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Sources

Court says Palmer not a foreign investor and must pay $13m

The Sydney Morning Herald • Sep 28, 2025

Court says Palmer not a foreign investor and must pay $13m

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