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Latest Updates

Latest Updates

Stay up to date on the Queensland Energy Class Action.

The Registrar of the Federal Court provides access to additional information in relation to these proceedings (QUD19/2021) through the Federal Court website. To view this information please visit: https://www.comcourts.gov.au/file/Federal/P/QUD19/2021/actions




18 November 2021

Successful defence of Stanwell's CALF Application

The Honourable Justice Jonathan Beach has delivered judgment dismissing the parallel lawsuit brought by Stanwell in proceedings QUD201 of 2021 (CALF Application).

In the CALF Application, Stanwell sought to restrain the further progress of the Qld Energy Class Action by arguing that the litigation funding scheme supporting the class action did not comply with the managed investment scheme (MIS) rules, which rules came into effect on 22 August 2020.

Stillwater maintained that the class action is grandfathered (i.e. exempt) from the MIS regulations and we are pleased to report that the Court agrees.

In rejecting Stanwell's arguments as "incoherent" and "misconceived", Justice Beach concluded that the scheme in respect of which over 50,000 group members had signed up for the class action was grandfathered from the regulatory changes. Notably, 11,000 group members had registered prior to the MIS rules coming into effect on 22 August 2020. More broadly, it was said that the MIS rules are ill-suited to the class action regime in any event.

Irrespective of the grandfathering question, his Honour said he would have declined the declaratory and injunctive relief that was sought by Stanwell because it served "no utility or purpose".

As part of the judgment delivered on 17 November 2021, his Honour also confirmed that Stillwater's proposed form of security is appropriate. In relation to the class action defendants' Security Applications (defined below), Stillwater contended that its proposed deed of indemnity provides adequate security for the class action defendants' costs, while at the same time presents a more cost effective form of security compared with a bank guarantee or deposit into Court. By arranging a deed of indemnity, Stillwater achieved significant cost savings for the class members.

We invite you to view Justice Beach's full judgment in Stanwell Corporation Limited v LCM Funding Pty Ltd [2021] FCA 1430, as published here: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2021/2021fca1430


13 October 2021

Independent Costs Referee

We are pleased to advise that at our request, the Court has appointed a legal costs specialist to regularly review and independently advise as to whether our firm’s legal costs in these proceedings are reasonable (Reference). The Reference will be carried out on a confidential basis to assist the Court in its supervision of the Class Action.

A copy of the relevant Orders are available from the Court’s website using the link provided above.


14 September 2021

Amendment Application granted - Registrations have now closed

We are pleased to report that the Court has granted our application to amend the group member definition in the proceedings so as to include additional group members to the action who registered between 21 January 2021 and 13 September 2021 (inclusive) (Amendment Application).

13 September 2021 was the last date to register for the action. Our registration portal is now closed.

To view the Court's Orders granting the Amendment Application, please visit the Federal Court website using the link provided above.


27 August 2021

QECA Update

The QLD Energy Class Action is represented by the Lead Applicant - Stillwater Pastoral Pty Ltd.

Since the commencement of the QLD Energy Class Action on 20 January 2021, there have been three case management hearings on 8 March 2021, 11 May 2021 and 4 August 2021.

The QLD Energy Class Action was originally allocated to the case docket of the Honourable Justice Derrington but subsequently reallocated to the Honourable Justice Beach on 28 May 2021.

No defences have yet been filed by either Stanwell or CS Energy and no Court approved notices have been sent to group members.

At the first case management hearing on 8 March 2021 before Justice Derrington, Stillwater gave notice of an intention to make an application to amend the group member definition in the proceedings to include the several thousand group members who registered to participate in the QLD Energy Class Action after the proceedings were filed (Amendment Application). Stanwell and CS Energy gave notice of an intention to apply for security for costs (Security Applications).

The Security Applications will be heard on 7 September 2021. The Amendment Application will be heard on 13 September 2021.

Stanwell and CS Energy have delivered extensive requests for particulars of Stillwater’s statement of claim. Our expert team has been downloading and analysing a vast amount of data in order to respond to the requests for particulars. That data consists of several billion data points amounting to around 205GB.

Stillwater delivered a first tranche of particulars on 24 March 2021, a second tranche of particulars on 7 May 2021, including over 6,500 excel spreadsheets of information, and a third tranche of particulars on 25 August 2021, including around 8,500 excel spreadsheets.

Stanwell has commenced parallel proceedings which in effect assert that the litigation funding scheme supporting the Qld Energy Class Action is required to comply with amendments to the Corporations Regulations 2001 (Cth) which took effect in 22 August 2020 (CALF Application). Stillwater and the funder of the Qld Energy Class Action, LCM, strongly believe the Qld Energy Class Action litigation funding scheme is grandfathered from the regulatory changes. Additionally, LCM, which is separately represented in relation to the CALF Application, has applied for an order that an issue arising from the CALF Application be referred directly to the Full Court of the Federal Court for determination.

These issues have been set down for hearing before Justice Beach on 13 and 14 September 2021.


4 June 2021

Extended date for registrations

The Court has amended the hearing date for our application to include additional registrants to the action, from 12 July 2021 to 13 September 2021.

The new hearing date means that anyone still wishing to join the class action, has further time to register their interest.


20 January 2021

The QLD Energy Class Action has been filed.

The QLD Energy Class Action has been filed today in the Federal Court of Australia. The claim was filed by Piper Alderman on behalf of over 46,000 electricity consumers. The majority of registrants are residential energy customers. However, there are also over 1,700 businesses registered. These comprise ASX listed companies, industrial users of electricity and SMEs. The claim filed today is seeking damages on behalf of registered participants only, however, Piper Alderman has indicated that it will apply to join new registrants to the action providing a final opportunity for electricity consumers to join the action if they wish.