Mark McGowan sets top silk on to Clive Palmer

Mark McGowan hires Bret Walker SC to lead his defamation trial against Clive Palmer.

Bret Walker SC. Picture: AAP

WA Premier Mark McGowan has hired top silk Bret Walker SC to lead his defamation trial against Queensland billionaire Clive Palmer, with taxpayers to foot the bill for the high-profile legal representation.

Mr Walker, whose recent ­clients include Cardinal George Pell, former attorney-general Christian Porter and ex-NSW premier Gladys Berejiklian, is to represent Mr McGowan during what is slated to be a three-week court battle with Mr Palmer early in the new year.

Mark McGowan. Picture: Sharon Smith

Earlier this year, when it was revealed Mr Walker would be representing Mr Porter in defamation proceedings against the ABC, he was reported to be charging up to $25,000 a day.

Such a rate would suggest he would be earning almost $400,000 from a three-week trial, although sources close to the case said the reported daily rate was inaccurate.

Mr Walker led Cardinal Pell’s successful High Court appeal over his child sexual assault conviction, while he also represented Ms Berejiklian during her recent ICAC appearance.

Mr McGowan’s costs in the defamation action­ will be ­covered under provisions that entitle cabinet ministers to legal representation for matters connected to their roles.

A spokesman for Mr McGowan said the state would aim to recoup costs from Mr Palmer, a former federal MP.

“Unfortunately, a very well-resourced billionaire has chosen to take legal action against the Premier,” the spokesman said. “The government will seek to ­recover the taxpayer costs from Mr Palmer.”

Clive Palmer. Picture: Dan Peled

Mr Palmer launched the defamation action after the Premier described him as an “enemy of the state”. Mr McGowan responded with his own counterclaim, alleging that Mr Palmer had defamed him in interviews and newspaper ­advertisements by suggesting he had accepted bribes from Chinese interests.

The proceeds of any win by Mr McGowan in his counterclaim would go to the state.

The defamation row is just one of a number of recent legal battles between Mr Palmer and Mr McGowan.

Mr Palmer was joined briefly by the commonwealth last year in an ultimately unsuccessful High Court challenge against WA’s Covid border restrictions.

After the WA parliament passed emergency laws aimed at killing off Mr Palmer’s attempt to seek tens of billions of dollars in compensation from the state due to his battles to get one his stalled Balmoral South iron ore projects off the ground, Mr Palmer launched a separate High Court action seeking to have that overturned. That too was unsuccessful.

Mr Palmer is estimated to be collecting $1m a day in royalties from his estranged Chinese business partner Citic and its Sino Iron operation in WA’s Pilbara.