Many matters I have worked on involve the electricity and gas industries. In particular, I have advised the government, regulators and private clients on market rules and commercial agreements. I have also advised on all aspects of the Competition and Consumer Act 2010 (Cth) including acting before the Federal Court.
With respect to access arrangements, I have advised regulators and private clients regarding some of Australia’s largest railways, pipelines, networks, port facilities and other infrastructure projects.
- Government of Western Australia – gave advice on the ‘market competition’ phase of the Electricity Market Review, including with regard to the existing customer protection framework, retail market operation, and cost recovery and payment systems
- Government of Western Australia – advised on the proposed transfer of regulatory functions for gas transmission pipelines and gas distribution systems, from Western Australia’s regime to the National Gas Law
- Port of Fremantle; Utah Point Bulk Handling Facility at Port Hedland – advised on the proposed divestment of the facilities, including leading the groups that designed and implemented the proposed pricing and access regime for each facility
- West Pilbara Iron Ore Project – advised on various proposed joint venture agreements covering mine development, railway and port access, and proposed off-take arrangements
- Electricity market participants – acted on a range of matters, including wholesale electricity, retail (regulated and unregulated), long-term bilateral, capacity and spot contracts
- Gas and electricity industry participants – worked on a range of issues, providing regulatory advice, drafting contracts, and advising on marketing and consumer protection law compliance
- A confidential bidder – advised on the sale of 50.4 per cent of the NSW Government’s ownership of Endeavour Energy
- Co-operative Bulk Handling – advised on Co-operative Bulk Handling's port terminal services access undertaking, including negotiations with the Australian Competition and Consumer Commission (ACCC) for approval under the Competition and Consumer Act 2010 (Cth)
- Co-operative Bulk Handling – acted in a review of the ACCC’s decision to revoke its notification under the Competition and Consumer Act 2010 (Cth), which provided Co-operative Bulk Handling with exclusive access to the Western Australian grain rail network
- Independent Market Operator (IMO) – advised on Phase 2 of the Electricity Market Review, including the proposed transfer of system management functions, people and processes to the IMO; the establishment of a rule change approval committee; and the legislative changes required to move to a constrained grid model
- IMO – acted in its investigation and prosecution of Vinalco’s pricing behaviour before the Electricity Review Board