Former federal and WA attorney-general Christian Porter will not act for Clive Palmer in his quest to pursue $300 billion in damages from the Australian government over an iron ore project in the Pilbara.
The mining billionaire is a director of Singapore-based Zeph Investments, which is suing the government over a claimed breach to the ASEAN free trade agreement.
When Mr Palmer announced his latest legal action against the nation in March, it was revealed Mr Porter, who is one of the lawyers working for Zeph Investments, would assist in the case.
A Senate estimates hearing was on Wednesday told Mr Porter received relevant “confidential and privileged information and took decisions regarding the dispute” while he was attorney-general.
The attorney-general's department's acting general counsel of international law, Jesse Clarke, told the hearing Mr Porter was no longer a member of the legal team.
"The department sought and received assurance that he has, in fact, not been retained, nor will he act for Mr Palmer or any of his companies in relation to this dispute," he said.
"Nor has he passed on any confidential information to them."
'Extraordinary conflict of interest'
Labor senator Helen Polley told the estimates hearing the relationship between Mr Porter and Mr Palmer was an "extraordinary conflict of interest".
"When we're looking for transparency and openness, doesn't that then just reinforce the very close relationship and the advantage that Mr Porter took, as the former attorney-general, to be part of that team in support of Mr Palmer?" she said.
Senator Polley suggested the relationship between the pair had continued since Mr Porter left parliament.
The legal dispute centres on the WA government's 2020 legislation to remove Mr Palmer's ability to extract damages from the state regarding the Balmoral South Iron Ore Project in the Pilbara.
The project had been subject to arbitration for several years, with decisions going against the WA government before the legislation was introduced with retrospective effect.
Mr Palmer's subsequent legal challenges to the WA legislation failed.
At the time the action was launched, the federal government said it would be vigorously defended.
