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Monday, 26 March 2001
Page: 23000


Senator LUDWIG (9:31 PM) —This is a matter that arose during an examination of this material during the second reading debate. I understand that you may have to take this on notice but, in relation to the Howe matter and the settlement thereof, I am curious about the reasons behind the settlement rather than about the appeal process. Was that a matter that went to the inability of the department to successfully take advocacy in the international fora or was there some other reason that may not be quite apparent from the records that I have seen but which would demonstrate the reason for the settlement? Of course, to rule out one of the obvious replies, a negotiated settlement is the better course. You might temper the reply by my view that America is a different kettle of fish; the US is a litigious place. It may be a rule where a negotiated settlement might be preferable in other countries—perhaps in Europe, where they are more accustomed to negotiating these things.