As advised in November, the AER has recently appointed Ms Shirli Kirschner to the role of National Gas Rules Dispute Resolution Adviser. In this role, Ms Kirschner is responsible for the effective operation of the dispute resolution framework set out in Part 15C of the National Gas Rules. A dedicated mailing list will be established for participants in the near future. To assist Ms Kirschner in this process, we would like to pass on the following message on her behalf.
"Participants,
I am delighted to have been appointed as the adviser under the National Gas Rules. At this time my first priority is to correspond with participants to establish contact points within the gas market for liaising about disputes and resources for effective resolution. I attach a form for advising me of people's contacts.
I also wanted to advise the market about the finalisation of an outstanding matter under the MSOR that existed prior to 1 July. The matter between TRUenergy and VENCorp was decided by a dispute resolution panel earlier this year. It went on appeal to the Supreme Court of Victoria before Justice Cavanough. The appeal was unsuccessful.
The most important thing with a dispute resolution system is to have a clear idea of how the system runs and the basis on which matters can be appealed. The existing dispute resolution provisions under chapter draw heavily from the MSOR. For this reason having had the opportunity to have a matter go to appeal is very valuable for the system. The fact that it was a multi-party matter meant that there was the benefit of four sets of legal advisers to review the matter. This is an optimal situation from the perspective of knowing how different issues are likely to be approached.
I will be corresponding with the parties to consolidate the lessons learned, and this information will be made available to the dispute management contacts nominated by each participant. The panel determination and the appeal decision will be made available on the AER's web site in due course.
Please don't hesitate to contact me with any questions or suggestions. I also take this opportunity to wish all market participants a restful safe and meaningful festive season and all the best for 2010.
Shirli Kirschner
National Gas Rules Dispute Resolution Adviser
Resolve Advisors
PO Box 15
Paddington 2021