January 31 2026 Prime Minister

January 31 2026

The Hon Anthony Albanese MP
Prime Minister of Australia

Dear Prime Minister,

The Commonwealth of Australia misled the High Court of Australia on December 4 2025 by claiming that it was NSW Parliament’s legislative intention for the previous NSW government to make the leasing arrangements called “Port Commitment Deeds” (PCDs) for Port Botany, Port Kembla, and the Port of Newcastle. The Commonwealth cannot prove this claim. It is a fact that the previous government denied the leasing arrangements. It cannot be proven that it was Parliament’s legislative intention for the previous government to make denied leasing arrangements.

The denied leasing arrangements are unlawful and unenforceable because they were not Parliament’s legislative intention under the “Ports Assets (Authorised Transactions) Act 2012” (PAAT Act).

The NSW Treasurer, the Hon Daniel Mookhey MLC, confirmed in Parliament on May 14 2024 that the previous government denied the leasing arrangements by lying to the public and Parliament.

The Premier, the Hon Chris Minns MP, informed Parliament on March 21 2024 that the State of NSW (State) has a liability estimated at between $600 million and $4.3 billion to the lessee of Port Botany and Port Kembla, NSW Ports, under the terms of the denied leasing arrangements. However, neither the Premier nor the Treasurer can prove that the State is authorised by Parliament to pay NSW Ports.

The State must pay NSW Ports for the number of containers handled at the Port of Newcastle above an annual cap until 2063. The cap will only be exceeded if Port of Newcastle Investments Pty Ltd (PON), the port’s lessee, proceeds with its plan to build a $2.4 billion container terminal.

PON paid the State $13 million on April 30 2024 to extinguish its liability to reimburse the State for any payment the State makes to NSW Ports. PON extinguished its liability under the “Port of Newcastle (Extinguishment of Liability) Act 2022”. However, the previous government refused to disclose the cost of the liability to the State, despite repeated requests to do so from the then Labor opposition, including the Shadow Treasurer, Mr Mookhey.

Premier Minns acted in the public interest by disclosing the size of the taxpayer liability under the denied leasing arrangements. With $4.3 billion of taxpayer funds at risk, the Premier and the Treasurer cannot prove that the liability is lawful and enforceable under the PAAT Act.

The State is a respondent in “Mayfield Development Corporation Pty Ltd V NSW Ports Operations Hold Co Pty Ltd” (Mayfield V NSW Ports) in the High Court of Australia. On December 4 2025, the State submitted to the High Court that it was Parliament’s legislative intention for the previous government to make the leasing arrangements. The State misled the High Court because the State cannot prove that it was Parliament’s legislative intention for the previous government to make denied leasing arrangements.

The ACCC intervened in Mayfield V NSW Ports. The Solicitor-General of the Commonwealth of Australia appeared for the ACCC on December 4 2025.

By misleading the High Court, the State and Commonwealth are allowing the High Court to unwittingly set a legal precedent for every Australian Parliament that Parliament can legislate for the Executive branch to lie to Parliament and the Judiciary.

Please acknowledge that it was not NSW Parliament’s legislative intention for the previous government to make denied leasing arrangements and advise the High Court accordingly.

Yours faithfully,

Greg Cameron

For details, please see https://containerterminalpolicyinnsw.com.au/