Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Energy Regulator v AGL Retail Energy Limited [2024] FCA 969 File number(s): VID 749 of 2022
Judgment of: DOWNES J
Date of judgment: 23 August 2024
Catchwords: CONSUMER LAW – alleged contraventions of rule 31 of the National Energy Retail Rules and section 273 of the National Energy Retail Law – respondents received, processed and retained amounts deducted from welfare payments after welfare recipients ceased to be customers, final bill had issued and no money was payable to respondents – proper construction of "overcharged" and "overcharging" within meaning of rule 31(1) – timing of when it could be said that each respondent became aware of the overcharging within meaning of rule 31(1) – whether respondents had established policies, systems and procedures as required by section 273 of the National Energy Retail Law – contraventions established
Legislation: Corporations Act 2001 (Cth) ss 9, 286 Evidence Act 1995 (Cth) s 140 National Energy Retail Law (Adoption) Act 2012 (NSW) s 7 National Energy Retail Law (Queensland) Act 2014 (Qld) s 7 National Energy Retail Law (South Australia) Act 2011 (SA) s 2, Sch (National Energy Retail Law) ss 2, 8, 13, 273, 294 National Gas (South Australia) Act 2008 (SA) Sch (National Gas Law) Sch 2 cll 3, 4, 7, 8 National Energy Retail Rules (Version 30) rules 3, 21, 23, 30, 31, 32, 35, 72, 74, 136, Sch 3 Pt 3
Cases cited: Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd [2015] FCA 274 Australian Securities and Investments Commission v Daly (Liability Hearing) [2023] FCA 290 Australian Securities and Investments Commission v Westpac Banking Corporation (No 2) (2018) 266 FCR 147; [2018] FCA 751 Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) (2008) 39 WAR 1; [2008] WASC 239 Briginshaw v Briginshaw (1938) 60 CLR 336 Commercial Union Assurance Co of Australia v Beard (1999) 47 NSWLR 735; [1999] NSWCA 422 Lowes v Amaca Pty Ltd (formerly James Hardie & Co Pty Ltd) [2011] WASC 287 Meridian Global Funds Management Asia Ltd v Securities Commission [1995] 2 AC 500 QBE Underwriting Ltd v Southern Colliery Maintenance Pty Ltd (2018) 97 NSWLR 459; [2018] NSWCA 55
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