East West Contract Dissolution Bill 2015

Whereas on the 29th day of September 2014 a contract between the State of Victoria and the
East West Link Consortium were signed and sealed:
And whereas various assurances were made in writing and orally by Ministers of the State of
Victoria to the consortium:
And whereas the Leader of the Opposition and Shadow Ministry did dissent to that signing
and sealing in the press and otherwise that September:
And whereas the Leader of the Opposition and Shadow Minsters were on the public record
before the 29th of September 2014 to the effect that this project were not in their considered
opinion a priority infrastructure project, and further that this opinion were aknown by the
Minister who signed and sealed the said contract:
And whereas not two months later on the 29th day of November 2014 the Andrews Labor
Government were elected standing on the platform inter alia of ripping up and disavowing
the said contract:
And whereas the parties to the said contract be now in disagreement as to the proper process
and proper mode of settling the dissolution or voiding or breaching of the said contract:
Be it therefore enacted in the name of good government and a fair and just resolution of this
dispute without regard to technicalities but instead a resolution mot and just in respect of the
nature and concept of the claims the dispute being settled by declarative legislation as
follows:1.

The said sealed contract stands dissolved.

2.
In consideration of the dissolution of said contract the State of Victoria shall pay to the
consortium all costs to date in relation to the said contract including but not limited to:(i)

legal costs:

(ii)

accounting costs stationery costs salary and wage costs:

(iii)

tender preparation costs:

(iv) such other costs as be agreed to by the Attorney General of the State of Victoria after
due consideration of a full itemised bill of costs incurred by the consortium to the Attorney
General by registered mail.
3.

No punitive nor exemplary damages shall be payable.

4.
The State of Victoria do record its good regard for the engineering expertise of the
consortium.
5.
The State of Victoria do record its opinion that the consortium had the financial
capacity and engineering resources to complete the project as contracted.
6.
The State of Victoria do declare that henceforth in respect of infrastructure projects
that tenderers for such projects who submit good faith tenders pursuant to a request for
proposal should be paid a fee for submitting good faith in order tenders, said fee to not
exceed the actual cost to the tenderer of preparing said tender bid.
7.
The State of Victoria do further declare that the ordinary shareholders and ordinary
investors in the East West Link Consortium were not at fault.
8.
The State of Victoria do furthermore henceforth disavow and abandon the practice of
poison pill clauses in infrastructure contracts, being of the opinion that infrastructure
contracts should be proper and in order and made in good faith whence drafted in all good
faith and sincerity to benefit the public of Victoria.