Hon Michael Mischin questions the Treasurer regarding the Insurance Commission of Western Australia's engagement of Wayne Martin, QC, and Jonathon Carson in the Bell Group liquidations, focusing on the selection process, strategic advice provided, and potential pension implications.

AnsweredQoN 1326Legislative Council
Asked
6 December 2018
Portfolio
minister representing the Treasurer

QuestionView source ↗

INSURANCE COMMISSION OF WESTERN
AUSTRALIA — BELL GROUP LIQUIDATIONS
1326. Hon MICHAEL MISCHIN to the minister representing the
Treasurer:
I refer to my questions without
notice regarding the engagement by the Insurance Commission of Western Australia
of Messrs Wayne Martin, QC, and Jonathon Carson.
(1) How many
other senior lawyers did the commission approach for assistance before engaging
Messrs Martin and Carson?
(2) Who at the commission was
involved in those approaches and the selection process?
(3) Who suggested to officers of the
commission that Messrs Martin and Carson be approached?
(4) What
precisely is the strategic advice on the conduct of, and resolution of, the
Bell litigation that Mr Martin is expected to provide that is valued at $10 000
per day for one day's work per week for two years and does not involve
legal advice?
(5) Has Mr
Martin, in respect of this engagement, sought or received an exemption under
section 15 of the Judges' Salaries and Pensions Act 1950 to protect his
pension from forfeiture; and, if so, when, and for what reason?

AnswerView source ↗

I thank the honourable member for
some notice of the question. On behalf of the Minister for Environment, who is
out of the chamber on urgent parliamentary business, I provide the following
information from the Treasurer.
(1) Twenty-one
lawyers were identified as potentially having the skill, experience and absence
of conflicts to undertake the envisaged roles. A number of these were
approached. Four candidates were interviewed. Two candidates were interviewed a
second time.
(2) Frank Cooper,
John Scott, Yasmin Broughton, Rob Bransby and Rod Whithear were involved.
(3) The Insurance
Commission consulted several members of the legal fraternity, including retired
partners of law firms, to identify the 21 names mentioned in the answer above.
(4) The nature of
the strategic advice will be determined based on events in the litigation and
other dealings with creditors claiming to have rights to assets in the Bell
Group liquidations.
(5) The consultant will not be
providing legal advice.

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