Overview

We advise infrastructure owners and access seekers in respect of the various access regimes which apply under Australian legislation. We have extensive experience in respect of access issues and disputes across a broad spectrum of industry including energy, airports, rail, payment systems, ports and telecommunication regimes.  

For instance, we often assist infrastructure owners such as Alinta in dealings with access seekers. We also provide advice to buyers, sellers and financiers on the access and regulatory issues involved in corporate transactions, such as the acquisition of the Dampier to Bunbury Natural Gas Pipeline. In addition, we assist clients that are subject to industry specific regulation to achieve their commercial objectives by helping them to manage and shape their regulatory environment.

Examples of work

• Sydney Airport's High Court challenge of access arrangements: Freehills represented Sydney Airport in a judicial review of the decision of the Australian Competition Tribunal relating to an application for access by Virgin Airways. The matter required an examination of the fundamental purpose and construction of the National Access Regime under the Trade Practices Act 1974.
• Dalrymple Bay Coal Terminal access arrangements: Freehills acted for the owner of the Dalrymple Bay Coal Terminal in the preparation of, and submissions to the Queensland Competition Authority relating to, the access undertaking at the terminal, the price arbitration with access seekers and the negotiation of the standard access agreements.
• Department of Finance and T3: Freehills advised the Department of Finance in respect of the sale of the Commonwealth’s interest in Telstra.
• Advice on National Gas Code for IPART: Freehills advised IPART, the independent economic regulator for New South Wales, in relation to issues arising under the National Gas Code and the assessment of access undertakings.
• Westnet Rail and Rail Access Regime: Freehills advised Westnet Rail on the Rail Access Regime.
• Regulatory investigation of VISA: Freehills acted for Visa International Service Association in relation to regulation of payment card networks under the Payment Systems (Regulation) Act 1998, including the judicial review of the regulatory regime, and pricing and access issues in two-sided markets.
• Murraylink and National Electricity Code: Freehills acted for Murraylink Transmission Company in relation to its application for conversion of the Murraylink interconnector to regulated status under the National Electricity Code.
• ASX CHESS clearance and settlement system: Freehills acted for ASX in relation to access issues concerning the CHESS clearance and settlement system, including reviewing and drafting access arrangements and mechanisms.