A WA parliamentary question regarding the Attorney General's decision to reimburse Mr. John D'Orazio's legal costs related to a suspended driver's license, specifically questioning the precedent, advice received, and amount paid. The response clarifies the payment and states the Attorney General was not involved in the decision.

AnsweredQoN 750Legislative Council
Asked
18 September 2007
Portfolio
minister representing the Attorney General

QuestionView source ↗

MEMBER FOR BALLAJURA - DRIVER’S LICENCE
I refer the Attorney General to his announcement of financial payment to Mr John D’Orazio for expenses he incurred in challenging the suspension of his driver’s licence. (1) Is there a precedent for reimbursing privately incurred legal costs when the action is not carried through; and, if so, will the Attorney General provide detail on such precedents? (2) Did the Attorney General obtain advice from sources available to government prior to making his decision; and, if so, who were the sources and what was the thrust of their advice? (3) How much was the amount paid by the government and to whom was it paid? Hon SUE ELLERY

AnswerView source ↗

I thank the honourable member for some notice of this question. (1) Where court proceedings are discontinued, it is open to the court to make such order as to the costs of the proceedings as it thinks just. Accordingly, it is not unusual in the course of negotiations for an action’s discontinuance for one party to pay or contribute to the other party’s legal costs. (2) The Attorney General was not involved in the decision to contribute to Mr D’Orazio’s legal costs. (3) The amount was $15 000. It was paid to Mark Andrews Legal Pty Ltd trust account.
(1) Is there a precedent for reimbursing privately incurred legal costs when the action is not carried through; and, if so, will the Attorney General provide detail on such precedents? (2) Did the Attorney General obtain advice from sources available to government prior to making his decision; and, if so, who were the sources and what was the thrust of their advice? (3) How much was the amount paid by the government and to whom was it paid? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) Where court proceedings are discontinued, it is open to the court to make such order as to the costs of the proceedings as it thinks just. Accordingly, it is not unusual in the course of negotiations for an action’s discontinuance for one party to pay or contribute to the other party’s legal costs. (2) The Attorney General was not involved in the decision to contribute to Mr D’Orazio’s legal costs. (3) The amount was $15 000. It was paid to Mark Andrews Legal Pty Ltd trust account.
(2) Did the Attorney General obtain advice from sources available to government prior to making his decision; and, if so, who were the sources and what was the thrust of their advice? (3) How much was the amount paid by the government and to whom was it paid? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) Where court proceedings are discontinued, it is open to the court to make such order as to the costs of the proceedings as it thinks just. Accordingly, it is not unusual in the course of negotiations for an action’s discontinuance for one party to pay or contribute to the other party’s legal costs. (2) The Attorney General was not involved in the decision to contribute to Mr D’Orazio’s legal costs. (3) The amount was $15 000. It was paid to Mark Andrews Legal Pty Ltd trust account.
(3) How much was the amount paid by the government and to whom was it paid? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) Where court proceedings are discontinued, it is open to the court to make such order as to the costs of the proceedings as it thinks just. Accordingly, it is not unusual in the course of negotiations for an action’s discontinuance for one party to pay or contribute to the other party’s legal costs. (2) The Attorney General was not involved in the decision to contribute to Mr D’Orazio’s legal costs. (3) The amount was $15 000. It was paid to Mark Andrews Legal Pty Ltd trust account.
Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) Where court proceedings are discontinued, it is open to the court to make such order as to the costs of the proceedings as it thinks just. Accordingly, it is not unusual in the course of negotiations for an action’s discontinuance for one party to pay or contribute to the other party’s legal costs. (2) The Attorney General was not involved in the decision to contribute to Mr D’Orazio’s legal costs. (3) The amount was $15 000. It was paid to Mark Andrews Legal Pty Ltd trust account.
I thank the honourable member for some notice of this question. (1) Where court proceedings are discontinued, it is open to the court to make such order as to the costs of the proceedings as it thinks just. Accordingly, it is not unusual in the course of negotiations for an action’s discontinuance for one party to pay or contribute to the other party’s legal costs. (2) The Attorney General was not involved in the decision to contribute to Mr D’Orazio’s legal costs. (3) The amount was $15 000. It was paid to Mark Andrews Legal Pty Ltd trust account.
(1) Where court proceedings are discontinued, it is open to the court to make such order as to the costs of the proceedings as it thinks just. Accordingly, it is not unusual in the course of negotiations for an action’s discontinuance for one party to pay or contribute to the other party’s legal costs. (2) The Attorney General was not involved in the decision to contribute to Mr D’Orazio’s legal costs. (3) The amount was $15 000. It was paid to Mark Andrews Legal Pty Ltd trust account.
(2) The Attorney General was not involved in the decision to contribute to Mr D’Orazio’s legal costs. (3) The amount was $15 000. It was paid to Mark Andrews Legal Pty Ltd trust account.
(3) The amount was $15 000. It was paid to Mark Andrews Legal Pty Ltd trust account.

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