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Federal Court settles Whyalla Port case

Written by Allen Newton | Sep 5, 2025 12:55:26 AM

THE FEDERAL Court of Australia has ruled the port structures at Whyalla Port are legally owned by OneSteel Manufacturing, now under the control of administrators KordaMentha.

The ruling means the port can now be sold as part of an integrated asset package with the sale expected to take place in the second half of 2026.

South Australian Premier, Peter Malinauskas told the state parliament on 3 September, following the judgement by Justice David O’Callaghan, that there had been strong interest from global steelmakers and consortia looking to expand into low-emission steel production.

“More than 15 national and international parties have now formally submitted their interest in the sale of the Whyalla Steelworks,” Mr Malinauskas said.

Those expressions of interest include a consortium led by BlueScope Steel, with Nippon Steel, JSW Steel, and POSCO also in the mix.

The judgement by Justice O’Callaghan settles a long-running dispute with GFG Alliance, whose subsidiary Whyalla Ports Pty Ltd had claimed ownership of the assets and sought damages for their use.

Earlier this year, the South Australian government passed amendments to the Whyalla Steelworks Act 1958, affirming that the port belongs to OneSteel and not Whyalla Ports Pty Ltd.

Justice O’Callaghan ruled that the port assets—such as shiploaders, conveyors, and sheds—were fixtures affixed to the land, not removable property.

Mr Malinauskas said the ruling was a “major victory” for South Australia and for the future of domestic steelmaking.