❓ A parliamentary question regarding Western Power's involvement in mediation with Toodyay fire victims, following previous statements about litigation. The Minister avoids specific details citing confidentiality agreements and emphasizes the independence of the residents' legal representation.
AnsweredQoN 516Legislative Council
QuestionView source ↗
TOODYAY FIRES — WESTERN POWER —
MEDIATION
516. Hon MATT BENSON-LIDHOLM to the Minister for Energy:
I refer to statements made by the Premier in 2010 that it was
inappropriate that Western Power enter into negotiations with Toodyay fire
victims as the matter needed to be litigated in the courts, and to recent
disclosures that Western Power has recently entered into settlement discussions
with those victims.
(1) Can the
minister confirm offers have been made by Western Power to a number of Toodyay
residents; and, if so, how many offers and what was the quantum of such offers?
(2) If yes to
(1), what has changed since the Premier made his statements, and is this a
concession of liability from Western Power?
(3) Has
Western Power offered residents independent legal advice to consider the offer?
(4) Does this
offer include full payment of solicitor Kevin Banks-Smith's costs?
MEDIATION
516. Hon MATT BENSON-LIDHOLM to the Minister for Energy:
I refer to statements made by the Premier in 2010 that it was
inappropriate that Western Power enter into negotiations with Toodyay fire
victims as the matter needed to be litigated in the courts, and to recent
disclosures that Western Power has recently entered into settlement discussions
with those victims.
(1) Can the
minister confirm offers have been made by Western Power to a number of Toodyay
residents; and, if so, how many offers and what was the quantum of such offers?
(2) If yes to
(1), what has changed since the Premier made his statements, and is this a
concession of liability from Western Power?
(3) Has
Western Power offered residents independent legal advice to consider the offer?
(4) Does this
offer include full payment of solicitor Kevin Banks-Smith's costs?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1) The
parties agreed to participate in mediation that resulted in mutually acceptable
agreements. The parties agreed that discussions are confidential and I have no
intention to breach that agreement.
(2) Nothing
has changed. Mediation is a component of the litigation process. Participation
in mediation is not a concession by either party.
(3) The
residents have been represented in their claim by their own experienced legal
team, which included eminent barrister Chris Zelestis, QC, as senior counsel,
another barrister as junior counsel, and their solicitors headed by Kevin
Banks-Smith. The residents were represented by both their barristers and
solicitors at the mediation.
(4) The
residents are represented independently of Western Power; therefore, I am not
in a position to comment on their legal costs.
some notice of the question.
(1) The
parties agreed to participate in mediation that resulted in mutually acceptable
agreements. The parties agreed that discussions are confidential and I have no
intention to breach that agreement.
(2) Nothing
has changed. Mediation is a component of the litigation process. Participation
in mediation is not a concession by either party.
(3) The
residents have been represented in their claim by their own experienced legal
team, which included eminent barrister Chris Zelestis, QC, as senior counsel,
another barrister as junior counsel, and their solicitors headed by Kevin
Banks-Smith. The residents were represented by both their barristers and
solicitors at the mediation.
(4) The
residents are represented independently of Western Power; therefore, I am not
in a position to comment on their legal costs.
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