❓ Hon Nick Goiran asks about the status of legal advice regarding the Shephard case and derivative actions, following up on a previous question. The Parliamentary Secretary provides a non-committal update on the consultation process.
AnsweredQoN 1026Legislative Council
Asked
25 October 2022
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
LAW REFORMS — DERIVATIVE ACTION
1026. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I
refer to the Attorney General's answer to my question without notice 374
on 24 June 2021, which revealed that his office had asked the Department
of Justice to provide advice on the matters raised in the Supreme Court
decision in the Shephard case of 2019.
(1) Has that advice now been
provided?
(2) If yes to (1), when was the advice
provided?
(3) If no to (1), have any of the
heads of jurisdiction been consulted as foreshadowed?
(4) Is there a date by which the
Attorney General expects the advice to be provided?
(5) Will the
Attorney General table the most recent briefing note or similar document he has
received about this matter?
1026. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I
refer to the Attorney General's answer to my question without notice 374
on 24 June 2021, which revealed that his office had asked the Department
of Justice to provide advice on the matters raised in the Supreme Court
decision in the Shephard case of 2019.
(1) Has that advice now been
provided?
(2) If yes to (1), when was the advice
provided?
(3) If no to (1), have any of the
heads of jurisdiction been consulted as foreshadowed?
(4) Is there a date by which the
Attorney General expects the advice to be provided?
(5) Will the
Attorney General table the most recent briefing note or similar document he has
received about this matter?
AnswerView source ↗
I thank the member for some notice
of the question. The following answer is based on information provided to me by
the Attorney General.
(1)–(2)
The Department of Justice is in the process of consulting with relevant
stakeholders on this issue. It will provide the advice as soon as practicable
and in accordance with the government's legislative priorities and
reform agenda.
(3) The
Department of Justice has written to the Chief Justice of Western Australia,
Hon Peter Quinlan, regarding the matters raised in the Shephard case. The
Supreme Court of Western Australia is the only relevant jurisdiction for
matters of this type.
(4) I refer the
member to the answer at (1)–(2).
(5) Not
applicable.
of the question. The following answer is based on information provided to me by
the Attorney General.
(1)–(2)
The Department of Justice is in the process of consulting with relevant
stakeholders on this issue. It will provide the advice as soon as practicable
and in accordance with the government's legislative priorities and
reform agenda.
(3) The
Department of Justice has written to the Chief Justice of Western Australia,
Hon Peter Quinlan, regarding the matters raised in the Shephard case. The
Supreme Court of Western Australia is the only relevant jurisdiction for
matters of this type.
(4) I refer the
member to the answer at (1)–(2).
(5) Not
applicable.
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