Today during Question Time, Abigail asked the interim Minister for Transport about the mounting legal costs racked up by the NSW Government in its prolonged dispute with rail unions and pressed for details on which law firms have been profiting from it.
Abigail said:
My question without notice is directed to the interim Minister for Transport. The New South Wales Government has pursued successive court actions and other legal activities and strategies throughout the protracted dispute with the combined rail unions. In pursuing its strategy, the New South Wales Government has enlisted the assistance of external law firms. Will the Minister inform the House exactly, or to his best and most up‑to‑date estimation, how much has been spent on legal advice and services since the commencement of discussions on the Sydney Trains and NSW TrainLink enterprise agreement, which expired over 250 days ago, and with which law firms?
The Hon. John Graham (interim Minister for Transport):
I thank the member for her question. I note that I was asked a similar question earlier in the week in question time. While I certainly answered that question, I indicated at the time that I did not have a figure, which was true, and directed that member to the budget estimates process. However, I also made inquiries relating to the reasonable question that was asked. I am now being asked the matter by a separate member. I make the point that, if pressed, I would have given this answer to any member in the House who made such inquiries. I place on record that we can only give this information up to a point in time because the Government is seeking ongoing legal advice in relation to some of those matters. I am advised that as at 31 January this year Transport had incurred $959,081.49 in external legal costs. That includes counsel fees and disbursements. I note that the member is also asking which firms. I do not have that information to hand, but I am happy to take that part of the question on notice and respond.
This dispute is an important matter for the State. I have sought the information that members have asked for. This has been a big dispute. How much it has cost taxpayers is a perfectly sensible inquiry. I make the point that it is important and essential that we not only give fair pay and conditions to rail workers but also not spend taxpayer money if we do not have to. That is why we have not been able to give what we have been asked. That is why we could not give 32 per cent to rail workers when they asked for it. It is also the reason we have spent money in defence of the Government putting that reasonable position, in defence of commuters and in defence of taxpayers. Ultimately, we hope that we land a deal in support of rail workers.
Abigail then asked a supplementary question:
I thank the Minister for his answer. It went a little quickly so I want to clarify two aspects of it. The first is whether that figure is for the year to date or, as was asked, the entire length of the dispute, which is 250 days. The other clarification is to ensure that the figure captures not just the fees involved with the actual cases and the barristers' daily fees but all legal fees relating to the dispute.
The Hon. John Graham:
I will address the first part by putting the answer more slowly. The advice is that as at 31 January this year, that figure was the expenditure. I will take on notice the two clarifications the member has sought so that we can provide the full context for her, but that is the advice I have to hand.
Read the transcript in Hansard here.
20 February 2025