Australian Energy Regulator v EnergyAustralia Pty Ltd [2020] FCA 1647

Federal Court of Australia

Australian Energy Regulator v EnergyAustralia Pty Ltd [2020] FCA 1647 File number: VID 1257 of 2019

Judgment of: MOSHINSKY J

Date of judgment: 5 November 2020

Catchwords: CONSUMER LAW – supply of electricity to consumers – where the respondent failed to treat certain customers as hardship customers within the meaning of its hardship policy – where certain customers were wrongfully de-energised (or disconnected) in contravention of the respondent's hardship policy and the National Energy Retail Law

Legislation: Competition and Consumer Act 2010 (Cth), ss 4, 44AAG, 44AE, Sch 2, Australian Consumer Law, s 224 Trade Practices Act 1974 (Cth), s 76 National Energy Retail Law (ACT) Act 2012 (ACT) National Energy Retail Law (Adoption) Act 2012 (NSW), s 4 National Energy Retail Law (Queensland) Act 2014 (Qld), s 4 National Energy Retail Law (South Australia) Act 2011 (SA), s 4, Sch, National Energy Retail Law, ss 2, 43, 46, 47, 50, 204, 289, 294, 296, 297 National Energy Retail Rules, rules 71, 72, 107, 111, 116

Cases cited: Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 1405 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited (2015) 327 ALR 540 Australian Competition and Consumer Commission v EnergyAustralia Pty Limited [2015] ATPR 42-491 Australian Competition and Consumer Commission v Optus Internet Pty Limited [2018] FCA 777 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Limited (2016) 340 ALR 25