Posted on 11. Sep, 2014 in News

Victorians will have a clear choice at the next election. Better public transport and local roads or an $8 billion dud tunnel.

Victorian Labor has obtained legal advice and the message is clear: any contract signed before an election, for a project that’s facing Supreme Court challenge, cannot be entered into safely.

A Labor Government will honour legally-binding contracts, but it won’t be held responsible for an unenforceable document that was recklessly devised in haste and in error.

Labor does not believe that any contracts for the East West Link Project could be validly entered into while the matter before the Supreme Court remains unresolved, and there can be no certainty that any contracts for the East West Link Project are legally binding.

If no legally binding contracts exist, an Andrews Labor Government will not proceed with the East West Link Project.

Quotes attributable to Mr Andrews:

“This election is a choice: Labor’s plan for better public transport and local roads or Denis Napthine’s $8 billion dud tunnel. Only Labor can stop East West.

“If Victorian Labor is successful at the State Election, our Government will not amend the contract. We will not fix it. We will not proceed with Denis Napthine’s dud tunnel.

“Instead, Labor will transform Victoria’s public transport system by doubling the size of the City Loop with Melbourne Metro and removing our 50 most dangerous and congested level crossings.”

Key Facts

• The action before the Supreme Court seeks a declaration that the Minister for Planning failed to comply with the Major Transport Projects Facilitation Act 2009 when making his approval decision for the East West Link Project. This court challenge is not due to be resolved until December 2014, at the earliest.
• The legal advice was prepared by eminent Queens Counsels Ray Finkelstein QC, Richard Niall QC, and barrister Siobhan Keating.
• Labor has written to Denis Napthine and to the parties comprising the East West Connect consortium and Inner Link Group consortium, apprising them of the legal advice.

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