Clive Palmer loses bid to delay criminal proceedings until after appeal

Billionaire Clive Palmer has suffered another major court setback as he tried to delay serious criminal proceedings against him.

Clive Palmer’s lost his bid to delay criminal proceedings against him. Picture: NCA NewsWire / Dan Peled

Mining magnate Clive Palmer has lost another two bids to delay serious criminal proceedings against him from moving forward.

The UAP leader is contesting three serious charges, including fraud, breaching director’s duties and breaching Australia’s takeover law.

His legal team applied to the Brisbane Magistrates Court on Friday to have his matters adjourned for two reasons.

Clive Palmer is facing criminal proceedings over fraud allegations involving his Palmer Coolum Leisure company. Picture: NCA NewsWire / Dan Peled

The first was a push to adjourn a direction hearings in the case against Mr Palmer because his legal counsel argued they hadn’t received the full disclosure of evidence from the Commonwealth public prosecutions team.

Mr Palmer’s defence lawyer, Peter Dunning, said his legal team had only received the disclosure recently.

“We’re three years into (proceedings) and three years into it we’re getting particulars finally,’ Mr Dunning said.

“Nobody from the CDPP or ASIC are saying the disclosure is complete.

“This needs to be adjourned until this disclosure comes to an end.”

He lost his bid to delay criminal proceedings against him. Picture: NCA NewsWire / Dan Peled

The CDPP prosecutor told the court on Friday that the prosecution team had provided all the disclosure documents required by law to Mr Palmer’s legal counsel.

“Our learned friends well know features in this case … they can have no doubt what this case is about, they’ve been complaining about it for many years,” he said.

The court was told Mr Palmer’s legal counsel had requested partial documents from their own documents handed over to the CDPP as part of the investigation.

“Complaints about the rats and mice and the weeds, they are minutia of documents in these 9000 documents,” the CDPP prosecutor said.

“Those very minor complaints indicate quite clearly that disclosure is quite clear as it can be given my learned friend is asking for his own documents.”

Mr Palmer failed to secure adjournments in the Brisbane Magistrates Court on Friday Picture: NCA NewsWire / Dan Peled

The second adjournment application lodged by Mr Palmer’s legal counsel on Friday was to adjourn the entire proceedings until after an appeal in the Brisbane Supreme Court can be heard in September.

It comes after Mr Palmer lost his bid to stay prosecution proceedings in the Brisbane Supreme Court in November 2022 after he’d filed civil suits in the Supreme Court against the Magistrates Court of Queensland, the DPP and the Australian Securities and Investments Commission (ASIC).

Magistrate Joe Pinder refused both applications before him on Friday.

Mr Pinder said the prosecution had met its obligation and there was no disclosure outstanding.

“The matter has an extremely sorry history,’ Mr Pinder said.

“Mr Palmer in the case of the charges has persistently for more than three years sought various challenges to delay these proceedings arriving to a point where the Commonwealth director’s office needs to present a case that is sufficient.”

In relation to the application to adjourn proceedings until after the High Court appeal in September, Mr Pinder said he found no reason to grant the request.

“I feel it’s being heard in the last in the long line of challenges by the defendant who it seems, in respect of your application, (says) please adjourn it to the 12th of never until I completely exhaust my right to appeal including a special adjournment application,” Mr Pinder said.

The magistrates court proceedings were adjourned to August 7 for further mention.

It’s understood the CDPP will call 10 witnesses as part of its case against Mr Palmer.

The case will return to court in August. Picture: NCA NewsWire / Dan Peled

In 2018, Mr Palmer and Palmer Coolum Leisure Pty Ltd were charged by ASIC with breaching takeover law in relation to a company known as The President’s Club.

The watchdog claims Palmer Coolum Leisure publicly proposed to buy out shares and occupancy rights for villas at Mr Palmer’s Coolum Resort in June 2012.

It is alleged Palmer Coolum Leisure did not make the offer within the required timeframe under the Corporations Act.

The CDPP alleges Mr Palmer, as a director, aided, abetted, counselled or procured the company to commit the offence.

ASIC also charged Mr Palmer in 2020 with dishonestly using his position as a director and dishonestly gaining a benefit or advantage.

It is alleged in 2013 he dishonestly obtained a benefit for his company Cosmo Developments and/or the Palmer United Party by authorising the transfer of $10m contrary to the purpose for which the funds were being held by Mineralogy.

Mr Palmer is also accused of dishonestly obtaining an advantage for his advertising company Media Circus Network and/or Palmer United Party by authorising the transfer of $2.1m.