Australian Energy Regulator v Callide Power Trading Pty Ltd [2025] FCA 32

Federal Court of Australia

Australian Energy Regulator v Callide Power Trading Pty Ltd [2025] FCA 32 File number: QUD 61 of 2024

Judgment of: DERRINGTON J

Date of judgment: 4 February 2025

Catchwords: ENERGY AND RESOURCES – electricity – contraventions of r 4.15(a)(1) and cl 5.2.5(a)(1) of the National Electricity Rules (NER) – where respondent is a "Scheduled Generator" and "Registered Participant" under Ch 2 of the NER in respect of the Callide C Power Station – where respondent failed to ensure that Callide C4 generating unit met or exceeded the applicable performance standards – where respondent failed to ensure that Callide C4 generating unit was planned, designed and operated to comply with the performance standards – where contraventions resulted in catastrophic failure and destruction of Callide C4 generating unit – where failure had major impact on power system in Queensland and northern New South Wales CONSUMER LAW – action commenced by regulator for declarations of contravention of NER and imposition of civil penalties pursuant to s 44AAG of the Competition and Consumer Act 2010 (Cth) – where contraventions admitted by respondent – determination of relief only – where parties submitted agreed proposed orders including penalty – orders made

Legislation: Competition and Consumer Act 2010 (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Electricity—National Scheme (Queensland) Act 1997 (Qld) National Electricity (South Australia) Act 1996 (SA) National Electricity (South Australia) Regulations (SA)