BHP has dropped its case against Michael West Media but continues to sue coal miner Simon Turner as it defends conflict of interest counter-claims against its law firm MinterEllison. Stephanie Tran reports.
In a Federal Court hearing on Thursday, BHP discontinued suppression proceedings against Michael West Media. MWM signed an undertaking agreeing to keep stories, already removed by orders of the Court, suppressed. The stories relate to a 2024 settlement conference between injured coal miner Simon Turner and BHP’s lawyers MinterEllison.
The Court subsequently dismissed BHP’s originating application against Michael West Media. No order as to costs was made between the parties.
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However, the underlying dispute between BHP and Turner continues, with the former BHP coal miner attempting to restrain MinterEllison from acting for BHP on the basis of an alleged conflict of interest connected to the June 2024 settlement conference.
The details of Turner’s allegations cannot presently be reported because of suppression orders made by the Court.
Turner had previously sought to restrain MinterEllison partner Trent Forno from acting for BHP in the proceedings. On Thursday, MinterEllison partner Tom Fletcher appeared for BHP in place of Forno.
During the hearing, BHP barrister Vanja Bulut opposed Turner’s application to restrain Forno from acting.
“Our position is that Mr Forno is not, never was, and certainly is not now a material witness,” Bulut told the Court.
Bulut argued that MinterEllison had never acted for Turner and that there was no evidentiary basis to restrain the firm from representing BHP.
“The Court will be very slow to restrain a corporation engaging a solicitor of its choosing,” Bulut said.
Justice Needham granted further confidentiality and non-publication orders over Turner’s cross-claim and affidavits filed in support of it.
Under the orders, Turner’s cross-claim will remain confidential until after BHP and the other cross-respondents file a defence. Several affidavits, including Turner’s affidavits filed on 13 May and 25 May 2026, and an exhibit to an affidavit filed by MinterEllison partner Tom Fletcher, were also ordered confidential pursuant to s 37AF of the Federal Court of Australia Act 1976.
The next interlocutory hearing in the matter is scheduled for 12 June 2026 at 10.30am.
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Stephanie is a journalist with a background in both law and journalism. She has worked at The Guardian and as a paralegal, where she assisted Crikey’s defence team in the high-profile defamation case brought by Lachlan Murdoch. Her reporting has been recognised nationally, earning her the 2021 Democracy’s Watchdogs Award for Student Investigative Reporting and a nomination for the 2021 Walkley Student Journalist of the Year Award.