The Investment Arbitration Reporter has updated information on the cost to Australia of defending legislation requiring tobacco to be sold in plain packages.
Previous public disclosures had indicated that Australia spent A$39 million in defending its tobacco plain packaging laws against various legal challenges.
However, via an FOI request the IA Reporter obtained un-redacted costings (available via the link above to IA Reporter members) which showed that the net cost to Australia was around $A12 million.
One reason for the discrepancy in these figurers is that a substantial portion of the legal costs incurred by Australia were eventually borne by tobacco manufacturer Philip Morris.
The FOI documents show that Philip Morris was ordered to pay 50% of Australia’s defence costs as well as 50% of Australia’s half-share of the arbitrators’ fees.
To recap Australia’s fight to defend its plain packaging legislation see this Croakey story from 2018.