The State Government's involvement in Fortescue's High Court challenge to the mining tax has been widely misunderstood, Premier Colin Barnett says.
Some media reports suggested the WA Government was joining the challenge in the manner of a class action.
However, it would merely intervene in the case to say the tax was unconstitutional because natural resources belonged to the State and not the commonwealth, Mr Barnett said.
"The reporting of this has been quite misunderstood," he said today.
"We would not join the challenge as a party but would intervene, in other words appear, as a State Government before the High Court to present the State Government's point of view.
"My understanding is the Queensland Government is doing exactly the same."
Mr Barnett said he had not and would not discuss the matter with the Queensland Government but the States' legal representatives would work together.
"I'm sure a State solicitor from Western Australia and from Queensland ... will work together to make sure that they protect the constitutional right of the states to own the natural resource, but that is very different to actually joining in the challenge itself," he said.
"Clearly, this is a tax that is flawed economically, it is flawed in terms of the spirit of the constitution."
Mr Barnett said he imagined the case was some six months away.
"Whether it will be ruled out on legal grounds by the High Court, I could not predict that," he said."I don't think anyone could."
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