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AAP
AAP
National
Michael Ramsey

WA A-G blames memory for evidence mistakes

Western Australia's Attorney-General John Quigley admits a memory failure in his court evidence. (AAP)

Western Australia's attorney-general has claimed a "memory failure" was behind mistakes in his evidence in the defamation trial between Clive Palmer and Mark McGowan.

John Quigley was re-examined on Friday in the Federal Court after being granted leave to appear by Justice Michael Lee.

The 73-year-old helped craft extraordinary legislation in 2020 which prevented mining businessman Mr Palmer from suing the state for up to $30 billion in damages and terminated arbitration between the two parties.

In his previous evidence, Mr Quigley insisted that prior to the secretly crafted legislation being rushed through WA's parliament, he had not been aware of the risk Mr Palmer might try to register his arbitration awards in court.

On Friday, he admitted he had in fact been aware of that risk "sometime before" the bill was introduced and passed.

"When one has a memory failure, it's really hard," he told the court.

"The best explanation I can give is that I was under a lot of pressure, both as a parliamentarian generally and as a minister, because I was the minster for commerce during that COVID period."

Mr Quigley said during his previous appearance, it was weighing on his mind that Mr Palmer had launched a separate $50 million lawsuit alleging unlawful conspiracy between the attorney-general, premier and solicitor-general.

"It would bankrupt me ... it was making me increasingly anxious," he said.

Lawyers for Mr Palmer sought to have all of Mr Quigley's testimony disallowed, arguing WA's first law officer was seeking to reconstruct his own evidence.

Justice Lee allowed the evidence, saying he was confident he would not be misled or confused by any contradictions.

Mr Palmer is suing Mr McGowan for defamation, claiming public comments - including labelling the billionaire the "enemy of the state" - had damaged his reputation.

WA's premier has lodged a counter claim that he was defamed in several of Mr Palmer's interviews and statements.

Mr Palmer's $30 billion damages case related to a 2012 decision by the former Liberal state government not to assess his proposed Balmoral South iron ore mine project.

The court has been told Mr Quigley privately proposed to the premier that they conceal a "poison pill for the fat man" within a legislative amendment.

In private messages shown to the court between the premier and attorney-general, Mr Quigley labelled Mr Palmer a "big fat liar", saying he was "looking forward to dumping on Palmer in statesman-like way".

Mr McGowan also faced extensive questioning, having privately described the Queensland businessman as "the worst Australian who's not in jail".

Justice Lee is due to hear closing submissions later on Friday.

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