The new Domestic Gas Reservation Scheme: What it means for LNG and gas supply in Australia
On 7 May 2026, the Commonwealth government announced the design of a new East Coast Gas Reservation Scheme, marking the most significant structural intervention in Australia’s gas market in decades. While initially unveiled as a reservation scheme for the east coast, when the draft design framework was published on 27 May 2026, it was recast […]
ReadmoreEmbedded networks: AER proposes further reform of exemptions framework
The regulatory environment for embedded networks in Australia is changing significantly. In 2025, the Australian Energy Regulator (AER) released its Final Decision on the exemptions framework for embedded networks, along with version 7 of both the Network Exemptions Guideline and the Retail Exempt Selling Guideline. Some changes have already taken effect, with others commencing on […]
ReadmoreFuel cost recovery: Key changes for road transport contracts
On 20 April 2026, the Fair Work Commission made the Road Transport Contractual Chain Order – Fuel Cost Recovery – 2026 (the ‘Order’), effective 21 April 2026, under Part 3B-2 of the Fair Work Act 2009 (Cth). The Order responds to fuel supply disruptions arising from reduced shipping through the Strait of Hormuz, and requires […]
ReadmoreManaging contract risks in times of turmoil: Leveraging force majeure and balancing insolvency risks
In the current environment of heightened geopolitical tension, including the effective closure of the Strait of Hormuz and impacts on regional oil and gas infrastructure, global supply chain disruption and volatility in energy markets, force majeure provisions are more important than ever. Australian businesses in the mining, agriculture, transport and industrial sectors who rely on […]
ReadmoreNo more broken toys: DOCA flexibility powers Toys “R” Us restructure
The Federal Court of Australia recently reaffirmed the flexibility of the Deed of Company Arrangement (DOCA) regime under the Corporations Act 2001 (Cth) (the Act).[1] It is well established that a DOCA can be used to transfer shares with approval under s 444GA of the Act. In a decision which the Federal Court described as […]
ReadmoreMandatory merger rules are now set
The final ground rules for Australia’s mandatory, suspensory merger notification regime are now set following the Australian Government’s registration of the Competition and Consumer (Notification of Acquisitions) Amendment (2025 Measures No. 1) Determination 2025 (the Amendment Determination). The Amendment Determination provides welcome, but incomplete, relief to acquisitions of interests in land and other targeted exemptions. It also […]
ReadmorePublic works can be a real nuisance: Liability risks for public infrastructure
In an important judgment for public authorities procuring major infrastructure works, the High Court has held that, absent unambiguous language, statutory authority is not a blanket immunity to private nuisance claims arising from the conduct of the works. Rather, statutory authority only excuses nuisance if the interference with a person’s ordinary enjoyment of their land […]
ReadmoreASIC succeeds in its third civil penalty prosecution for greenwashing, with the Federal Court imposing a $10.5 million penalty
Court findings On 18 March 2025, his Honour Justice O’Callaghan imposed a civil penalty of $10.5 million on the trustee of a superannuation fund, after finding that the fund had made false or misleading statements to current or potential members of the fund to the effect that: it eliminated from the fund, investments that posed […]
ReadmoreApplying the Rolls Royce treatment to limitation of liability clauses
The interplay between limitation of liability and set-off clauses When drafting limitation of liability clauses, it is important to consider what ‘liability’ is being limited and whether the limitation of liability (the ‘cap’) will apply to the total net liability after all set-offs are reconciled or whether the cap will apply separately to the liabilities […]
ReadmoreIs the finality of arbitrations now a myth for apportionable claims?
Proportionate liability now applies to the substantive law of arbitrations in Australia The finality of arbitrations is now a myth – at least in respect of disputes involving apportionable claims where parties have not contracted out of the proportionate liability regime. When parties to a commercial contract select arbitration as a forum for resolution of […]
ReadmoreProposed National Electricity Market (NEM) changes to accelerate VPPs – what it means for retail electricity businesses and aggregators
The Australian Energy Market Commission (AEMC) has recently proposed a draft electricity rule that presents a significant opportunity for aggregators and innovative retailers that would work well to help manage hedging risks, reduce costs and earn revenue in existing markets and through the provision of ancillary services. The National Electricity Amendment (Integrating price-responsive resources into […]
ReadmoreDoing business in Australia
The Gadens Doing business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, as well as practical advice on how to go about setting up and doing business in Australia. Australia is an ideal investment location for foreign companies looking to grow internationally, benefitting from well-developed infrastructure, […]
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