ActewAGL Distribution v The Australian Energy Regulator [2011] FCA 639

FEDERAL COURT OF AUSTRALIA

ActewAGL Distribution v The Australian Energy Regulator [2011] FCA 639 Citation: ActewAGL Distribution v The Australian Energy Regulator [2011] FCA 639

Parties: ACTEWAGL DISTRIBUTION, A PARTNERSHIP BETWEEN ACTEW DISTRIBUTION LIMITED AND JEMENA NETWORKS (ACT) PTY LIMITED v THE AUSTRALIAN ENERGY REGULATOR

File number(s): NSD 1252 of 2010

Judge: KATZMANN J

Date of judgment: 8 June 2011

Catchwords: ADMINISTRATIVE LAW – Application for review under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – National Electricity Law – National Electricity Rules – decisions relating to the regulation of the wholesale price of electricity in the ACT – whether the Australian Energy Regulator had the power to vary a decision about the averaging period to be used to determine the nominal risk-free rate of capital after the period had been specified – application filed well outside statutory period – whether extension of time should be granted – whether discretion should be exercised under s 10(2)(b)(ii) of the Administrative Decisions (Judicial Review) Act to refuse to grant the application

Legislation: Acts Interpretation Act 1901 (Cth) s 33(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 5(2)(j), 10(1)(a), 10(2)(b), 10(2)(b)(ii), 11 Competition and Consumer Act 2010 (Cth) ss 37, 42, 44AE Electricity (National Scheme) Act 1997 (ACT) s 5 Federal Court of Australia Act 1976 (Cth) ss 37M Federal Court Rules O 54 r 7(2) Judiciary Act 1901 (Cth) ss 37, 39B, 42 National Electricity (South Australia) Act 1996 (SA) Sch, National Electricity Law ss 9, 34, 71B(1), 71C, 71D, 71P(2) 71P(5), 71Q(1), Sch 1 cll 7, 7A(2) National Electricity Rules cll 6.13(a), 6.5.2