Expert legal commentary: Reasonable Endeavours: Commercial Gains Trump Energy Supply Security in WA Domestic Gas Markets

By Ms Rowena Cantley-Smith

Ms Rowena Cantley-Smith

The contractual complexities of securing affordable energy supply in a partially privatised market have been revealed in a recent decision of the High Court of Australia, Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7. Against the backdrop of essential energy supply within the State of WA and no available alternative supply sources, the case considers the proper contractual construction and application of a supply clause (cl 3.3) in a long term gas sale agreement (GSA). This clause obliges Woodside Energy Ltd and Others (the Sellers) to use “reasonable endeavours” to supply quantities of supplemental gas to WA’s electricity generation and supply statutory corporation,  Electricity Generation Corporation (t/as Verve Energy) (Verve).

 

Expert legal commentary: New Frontlines in Regulating Unconscionable, Unfair, and Bad Faith Business Conduct

By Professor Bryan Horrigan

 

Overview

Professor Bryan Horrigan

In the last few months since the inaugural edition of The Monash Law e-Briefing, developments have continued on multiple fronts in the regulation of unconscionable, unfair, and bad faith business conduct. The ACCC v Lux case reached its end point in the High Court. The ACCC announced proceedings against Coles for alleged unconscionable conduct towards suppliers. The ANZ bank fees case is heading to appeal. The Abbott Government finalised its panel and terms of reference for the much-publicised ‘root and branch’ review of competition law. The Government also released proposed legislation on new franchising reforms, including the introduction of an obligation of good faith in franchising agreements.

These regulatory and litigious developments are of topical interest to commercial and consumer lawyers, competition and financial regulators, and businesses of all kinds and their corporate counsel. They are also relevant for policy-makers and law-makers, public lobby groups and industry peak bodies, and academics and students who study commercial law, competition law, consumer law, franchising law, contract law, and equity.