The hearing of the Alliance’s application to appeal the December 2023 Supreme Court judgment commenced today (august 7th, 2024) in the Supreme Court of Victoria before Justices Emerton (President), Walker and Osborn.  The December 2023 judgment rejected all grounds to challenge the February and May 2023 “VNI West and WRL” Ministerial orders made under the National Electricity (Victoria) Act 2005 (NEVA).

• The Alliance was represented by solicitors Thomson Geer, with Nick Wood SC and Cal Viney of counsel ‘appearing’ in court.
• The Minister was represented by the Victorian Government Solicitor’s Office, with David Batt KC and Jamie Blaker ‘appearing’.
• The first half of the day was spent on the Alliance’s submissions, with Nick Wood SC introducing the appeal application, providing the factual background, working through the relevant national framework of intersecting legislation and then speaking to the two grounds upon which the Alliance seeks to overturn the December 2023 judgment.
• Shortly before lunch the Minister’s counsel commenced its rebuttal of the Alliance’s submissions, and this then continued to the end of the day.
• The three justices were very active with questions and sought clarification around many matters discussed.
• Consequently, the appeal hearing did not conclude within 1 day as was expected, and the parties will return to the court in the morning.
• David Batt KC will complete the Minister’s rebuttal, and Nick Wood SC will be given opportunity to reply to the Minister’s submission.
• The hearing is expected to be concluded by lunch time on Thursday 8th August 2024.

This matter will be live streamed on the Supreme Court website and can be accessed via the following link on the day of the hearing: Public live streams of Court hearings | The Supreme Court of Victoria

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