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A tale of two courts: are wind farm assets fixtures or chattels?
Insight 09 Jun 2021

Wind farms and other renewable energy sponsors should be aware of two recent decisions of the Supreme Courts of Victoria and New South Wales, which have raised doubt over whether wind farm assets are chattels or fixtures. We briefly explore the key findings of each court and consider some broader repercussions of these decisions for the renewable energy industry. ...

Navigating the energy transition
Insight 09 Jun 2021

Australia is rapidly transitioning away from a centralised, coal-based energy system to one that is more decentralised and focused on renewable energy. This transition is being accompanied by increasing scrutiny of the human rights performance of renewables projects, including new benchmarking and a greater number of complaints. It is critical to know what practical steps to take towards implementing and embedding a strong approach to human rights compliance. ...

Australian and Dutch courts find climate-related duties of care in Sharma and Shell
Insight 08 Jun 2021

Two groundbreaking climate change-related court decisions in Australia and the Netherlands have shed light on the scope for claims based on duties to individuals to affect the emissions trajectorie ...

National Electricity and Gas rules update: May 2021
Insight 10 Jun 2021

In our latest update, we examine the progress of new and existing rule change requests to the AEMC across the month of May, as well as take a closer look at the AER's progress to refresh its Electricity Distribution Ring-fencing Guideline. ...

Federal Budget 2021-22: 'Below baseline' crediting scheme to go ahead
Insight 13 May 2021

The Federal Government has earmarked $280 million in its Budget 2021 for the roll-out of a 'below baseline' crediting scheme, which was a key recommendation of an expert review led by Grant King (King Review). Here we briefly considers what this means for large emitters. ...

Changes in PNG's energy laws
Insight 13 May 2021

On 21 April 2021, the PNG Parliament passed the National Energy Authority Act 2020 and the Electricity Industry (Amendment) Act 2020. In this Insight we examine the changes made and assess their likely impact on the energy industry. ...

National Electricity and Gas rules update: April 2021
Insight 13 May 2021

In our latest update, we examine the progress of new and existing rule change requests to the AEMC across the month of April, as well as take a closer look at a new draft determination on system strength frameworks in the NEM. ...

The new 'fit-for-purpose' electricity system – four critical reforms
Insight 11 May 2021

The uptake of small and large-scale renewable energy, and the growth of demand-side technologies, has necessitated a new, fit-for-purpose electricity system that can recognise and respond to the changing energy landscape. In this insight, we discuss the key changes from the ESB. ...

Post 2025 National Electricity Market Design
Insight 10 May 2021

The COAG Energy Council requested that the Energy Security Board (ESB) consider whether any changes were required to the core National Electricity Market (NEM) framework in order to facilitate the technological shift towards a lower emissions electricity system. ...

Transitioning towards a renewable future
Insight 21 Apr 2021

Achieving the target of net zero remains at the forefront for the energy industry. As we increase investment in renewables and look for ways to improve efficiencies, new challenges emerge. Helpfully, there are a range of mitigation and management strategies that can be put in place to reduce risk and smooth the transition. In this Insight we outline some of those practical steps, including ones specifically geared towards managing or avoiding potential disputes during the development stages of a project. ...

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