Australian Energy Regulator v EnergyAustralia Pty Ltd [2022] FCA 644

Federal Court of Australia

Australian Energy Regulator v EnergyAustralia Pty Ltd [2022] FCA 644 File number: VID 236 of 2020

Judgment of: COLVIN J

Date of judgment: 1 June 2022

Catchwords: CORPORATIONS - where EnergyAustralia admitted to numerous contraventions of the National Energy Retail Rules - where contraventions concerned a failure to properly register customers depending upon life support equipment - where registration protects such customers from disconnection in particular circumstances, including non-payment - where registration serves to notify customers of planned disconnections - where regulator and EnergyAustralia have agreed on proposed orders - where orders contemplate a penalty of $12,000,000 - orders made in terms of proposed orders

Legislation: National Energy Retail Law s 294 National Energy Retail Rules

Cases cited: Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Economic Regulator, Competition and Access

Number of paragraphs: 21

Date of hearing: 1 June 2022

Counsel for the Applicant: Mr A McClelland QC with Ms C Van Proctor

Solicitor for the Applicant: Baker & McKenzie

Counsel for the Respondent: Mr M Borsky QC with Ms A Lord

Solicitor for the Respondent: Ashurst Australia

Table of Corrections

7 June 2022 The fourth line of [11] has been amended to correctly read: ' … the period from February 2018 to July 2020'.