Australian Energy Regulator v Australian Competition Tribunal (No 2) FCAFC 79
Australian Energy Regulator v Australian Competition Tribunal (No 3)  FCAFC 80
The Australian Energy Regulator (AER) brought five applications for judicial review regarding the erroneous nature of the defendant’s conclusion to remit original decisions to the AER. The AER’s key grounds for the judicial review before the Federal Court were that:
The court decided on each of the issues yet found both for and against the applicant. The Court the AER was correct in its action to lower the corporate tax allowance. However the Court upheld the Australian Competition Tribunal decision regarding operating expenses that the AER had sought to limit through maximum network revenue allocations for NSW and ACT electricity and gas networks to improve market efficiency. The court ordered that the parties engage in consultation to give effect to the reasons provided by the court. Failure to agree on a conclusion based on these reasons will require further court action.
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