In March 2016 the AER applied to the Federal Court for judicial review of the Australian Competition Tribunal decisions to set aside its revenue determination for Essential Energy.
In May 2017, the Full Federal Court handed down its decision on the AER's appeal of the Tribunal decision. The Court upheld the AER's appeal in respect of the Tribunal's construction of the rules regarding gamma.
The Court dismissed the AER's appeal over the Tribunal's ruling on return on debt and opex. The AER must therefore revisit its decision on these matters.