The conservative thinktank LibertyWorks has not responded to multiple requests to pay the federal government more than $172,000 in legal costs for two failed cases over Covid-19 restrictions and the foreign influence transparency register.
LibertyWorks, which is chaired by the leading “no” voice campaigner Warren Mundine, lost a case in 2020 questioning the validity of the register and whether it infringed on the freedom of political communication.
The foreign influence scheme, launched in December 2018, requires individuals or entities to register if they are lobbying, conducting communications activity or making payments on behalf of a foreign principal for the purpose of political or governmental influence.
The thinktank challenged the scheme in court after the attorney general’s department investigated whether LibertyWorks and the former prime minister Tony Abbott should have to register in association with the first Australian Conservative Political Action Conference (Cpac), which is linked to US conservatives.
LibertyWorks also unsuccessfully sued the federal government in 2021 over Covid-19 travel restrictions preventing Australians leaving the country.
LibertyWorks was ordered to pay the commonwealth’s costs in both cases, but has not done so.
In responses to questions on notice from the Labor senator Helen Polley at June’s Senate estimates, the attorney general’s department confirmed that LibertyWorks had not responded to invoices or requests for payment.
In the Covid-19 case, the department said the commonwealth sought to negotiate a fixed amount with LibertyWorks but no response was received. It then served a bill of costs in February last year, and then a certificate of taxation in May 2022 for $172,000.
No response was received. The federal court then issued a certificate of taxation, and again no response was received. An invoice was then issued to LibertyWorks in March 2023, seeking payment by 3 April. No response was received, and as of mid-July thebill had not been paid.
The health department said it was “giving further consideration to costs recovery” in that case.
In the high court matter, the attorney general’s department said LibertyWorks did not respond to multiple requests from the government to enter into consent orders. The high court made orders for payment, but the thinktank has yet to pay any costs, according to the response in Senate estimates.
The cost of the high court matter was not detailed, and the attorney general’s department did not answer a question on the amount involved, but said the matter was being finalised through the court’s taxation process. Given the case was prepared for the high court, it is understood it would probably amount to hundreds of thousands of dollars.
Mundine was listed as chair on the LibertyWorks website at the time of reporting. He is also the chair of Cpac Australia, LibertyWorks’ president, Andrew Cooper, is also listed as Cpac Australia’s founder and executive director.
LibertyWorks, Cpac and Mundine have been contacted for comment. Guardian Australia also sought comment from Fair Australia, the organisation opposing the voice referendum proposal, which is led by Mundine.
Mundinewill headline the next Cpac event in Sydney later this month, in his role as chair. Other speakers include Abbott, Senator Jacinta Nampijinpa Price, the One Nation leader, Pauline Hanson, and the former Victorian Liberal Moira Deeming. Ticket prices for the two-day event start at $119 and go to $7,000 for the “platinum experience”.
The official no campaign pamphlet lists one of the reasons to vote no in the referendum as “the risk of legal appeals and delays means a risk of dysfunctional government”.
