This Newsletter provides a further update on the Alliance’s legal action against AEMO.

As we have previously advised our members, the Moorabool and Central Highlands Power Alliance (the Alliance) filed an application in the Supreme Court of Victoria  on 23 December 2022 to quash the 4 November 2022  decision by the Australian Energy Market Operator (AEMO) that the Western Renewables Link (WRL) Project remains the best way to resolve transmission issues in Western Victoria. The originating motion, and a supporting affidavit, was served by the Alliance on AEMO on 9 January 2023 and a Directions Hearing at the Supreme Court to make orders regarding the next steps of our legal action was set by the Court for 22 February 2023.

As encouraged by the Court, the Alliance’s legal team had been consulting with AEMO’s lawyers to agree next steps, without the need for the Directions Hearing. Consistent with this, the lawyers for both parties had reached agreement for orders, including orders for the filing of evidence, without the need for the parties to appear at the hearing on 22 February 2023.

However, due to the publication on 20 February 2023 of a Ministerial Order  from the Victorian Government in relation to the VNI West and WRL projects, the parties have now agreed to an adjournment of the original Directions Hearing to enable the parties to assess the impact of the announcement.  The matter is now scheduled to return to Court on 8 March 2023.

We expect to be able to provide a further update before then.