Seeking legal costs:James Ashby pictured in 2012.Credit:Photo:Wolter Peeters
In 2018,Mr Ashby sought an “act of grace” payment from the Commonwealth to pay his legal expenses of $4,537,000. Such a payment can be provided by the Finance Minister if it is deemed appropriate due to special circumstances;however,the request was refused.
Mr Ashby had argued he should qualify for the payment because Mr Slipper was previously given one,which amounted to inequitable treatment,and because Mr Ashby was a whistleblower who sought to expose and prevent sexual harassment and the misuse of parliamentary entitlements.
However,the delegate in the finance department who decided the case concluded there were no special circumstances that warranted the granting of the payment.
James Ashby was a former staffer to Peter Slipper.Credit:Alex Ellinghausen
“Mr Ashby chose to instigate the legal action. Legal action always contains an element of risk in relation to both the outcome and the costs involved,” the delegate found.
“Mr Ashby chose to pursue litigation where alternate,and potentially more economical,options were available to him to seek a remedy in relation to his matter.”
The delegate found Mr Slipper’s position was different because he was “required to respond to the legal action once it was instigated by Mr Ashby”.