We act for one of the three major electricity distributors in NSW. The electricity distribution market is tightly regulated and subject to voluminous, overlapping legislation and regulations. Our knowledge of the law in this field enables us to quickly assess whether a given matter presents exposure to our client, in turn enabling the early adoption of the optimum strategy to resolution.
Our practice includes:
- Advising on regulatory matters, standing offers and market contracts
- Conduct of liability claims including property loss and business interruption claims
- Advising on and pursuing recovery actions where electricity distribution assets are damaged by third parties.
In water, we act for a major irrigation infrastructure operator that provides water delivery and drainage services to thousands of customers in various primary industries. Our experience includes acting for holders of water access licences, primary producers in irrigation areas and businesses serving the irrigation industry. We provide a broad range of services to clients in this area, including:
- Regulatory compliance, in an era of greatly increasing complexity and regulator focus. We have acted for water industry clients in matters involving the ACCC, the NSW EPA, the NSW Department of Planning, the NSW Natural Resources Access Regulator (NRAR) and its predecessors in investigation/enforcement roles at applicable NSW departments. Those matters include compliance investigations, statutory notices to produce
- Advice on future State government policy including drafting submissions in response to draft legislation and statutory instruments. We advise on the implementation of floodplain harvesting law in NSW, floodplain gazettal and flood works under the Water Management Act 2000, other forms of licences and approvals under that Act and updates to Water Sharing Plans.
- Corporate law matters affecting irrigation industry participants, including shareholder issues, corporate governance and company constitution matters.
- Drafting and variation of service contracts involving irrigation and drainage.
- Contractual compliance and disputes involving the development of major water infrastructure projects. We have advised industry participants on disputes in relation to major water storages, pipelines as well as commercial/trading disputes.
- Defending damages claims regarding water supply or quality, including:
- Jones v Murrumbidgee Irrigation Limited (No 2) [2020] NSWSC 613 (water quality and whether there were implied terms in the customer contracts)
- Litigated dispute about metering, water allocation and entitlements, that resolved favourably to our client prior to trial.
- Dispute about entitlement and historical use of stock and domestic water, resolved without litigation.
- Urgent injunctions and easements to protect infrastructure from third party damage or development. Examples include:
- A dispute over damage to a water supply channel, resolved amicably without litigation
- In a matter involving development that threatened an underground water pipeline, where requests to cease the activity went unanswered, we obtained a Court undertaking to cease the works and an order for payment of our client’s costs (Murrumbidgee Irrigation Ltd v M & H Acar Pty Ltd [2019] NSWSC 807)
- A 2024-2025 matter where we obtained an urgent interlocutory injunction to restrain works that threatened the integrity of a supply channel.
- Advice on planning law and modification of conditions applicable to water delivery infrastructure.