Commentary and case law from the Commercial Bar Association's finest.
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.
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.
The National Energy Guarantee, Australia’s latest attempt to forge a coherent energy and emissions reduction policy, had been painstakingly negotiated by the Energy Security Board, through a wide range of interest groups. In its aftermath, how coherent policymaking can be co-ordinated in this fraught policy space remains as pressing a question as ever before.
A Federal Court class action, brought on behalf of Indonesian seaweed-farmers, nudges the outer bounds of the Australian class action regime – both geographically and temporally.
The Federal Court has given the first substantial guidance into Part 5C.7, which regulates related party transactions made through MISs. The court addressed four discrete questions about the operation of Part 5C.7, but has also left some important questions to be resolved.
The supply and wholesale price stresses in Australia’s gas and electricity market has prompted some remarkable recent interventions by government. This article considers new South Australian powers to intervene in the national electricity market, and proposed Commonwealth powers to restrict LNG exports.
Among the numerous challenges with which Commonwealth and State/Territory energy ministers are presently confronted, the COAG Energy Council is progressing reforms on two contentious aspects of energy regulation.
An overview of current contentious issues in the National Electricity Market: Basslink outage and energy rationing in Tasmania, wholesale price spikes in South Australia, and the blocked acquisition of Ausgrid.
In its first decision, the SICC has determined a series of preliminary questions in a Singapore law-governed contract dispute, including questions of illegality under Indonesian law
To encourage take-up of household solar, or to remove an inefficient cross-subsidy? The Federal Court dismisses SA Power’s challenge to the AER’s refusal of a higher network tariff for solar household customers
The Australian Energy Regulator says that networks’ regulated revenue should not cover inefficient EBA redundancy policies; but the Fair Work Commission rules that the networks must continue to apply those policies. Who will bear the cost: the networks, or consumers?
Rare judgment provides insight into exploration JV disputes and construction of Joint Operating Agreements.
A pair of recent decisions in challenges to NSW government cancellations of coal and CSG exploration licences.