The Full Court rules that the Competition and Consumer Act 2010 (Cth) does not apply to the privatisation of Port Botany and Port Kembla.
Category: Energy and Infrastructure
Is it necessary for a plaintiff to establish that the nature of the defendant’s breach made it impossible to prove expectation damages before it can be awarded reliance damages? No, according to the New South Wales Court of Appeal in 123 259 932 Pty Limited v Cessnock City Council  NSWCA 21.
The High Court has held that a statutory authority responsible for maintaining electrical infrastructure owed a duty of care in relation to property damage and personal injury caused by infrastructure that was affixed to private property. This decision has implications for statutory authorities who are responsible for maintaining infrastructure.
The Full Court of the Federal Court upheld a judgment setting aside NOPSEMA’s decision to approve an environment plan for Santos’s offshore gas drilling project in the Timor Sea. The Court held that traditional owners of the Tiwi Islands, who had not been consulted, had “functions, interests or activities” which may be affected by the project.
Hornsdale Power Reserve penalised $900,000 for contraventions relating to its role as a provider of back-up services to the National Electricity Market
This case concerns a contractual dispute involving the wholesale electricity market. It provides an introduction to the operation of the wholesale electricity market and examples of sound contractual interpretation where private agreements interact with the rules of the wholesale electricity market.
This note summarises last year’s High Court decision in Newcastle Operations Pty Limited v Glencore Coal Assets Australia Pty Ltd (2021) 395 ALR 209 which finally determined the fee dispute between Glencore and the Port of Newcastle’s private operator.
In February 2020, the plaintiffs commenced proceedings in the Supreme Court against Bald Hills Wind Farm for nuisance. The Court found that turbine noise amounted, intermittently at night, to a substantial and unreasonable interference with the plaintiffs’ enjoyment of their land.
Building block modelling used to calculate a fair remuneration for aeronautical services provided to Qantas by Perth Airport.
The Federal Court imposed harsh penalties against a solar panel business because its door-to-door selling methods and marketing campaign seriously contravened the Australian Consumer Law. The case has ignited law reform in the Victorian energy and solar market.
The Supreme Court of Victoria dismisses a judicial review of a council finding that the Bald Hills Wind Farm was creating an acoustic nuisance affecting neighbouring residents.
The Court of Appeal recently decided a case about the interpretation of the moratorium on petroleum exploration under the Petroleum Act 1998 (Vic).
A recent Queensland review of a Ministerial determination on LNG royalty calculations provides a rare instance of a successful judicial review of an economic regulatory decision.
An electrical safety regulation with significant cost implications for solar farm developers comes unstuck.