Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tisdall v Webber [2011] FCAFC 76 Citation: Tisdall v Webber [2011] FCAFC 76
Appeal from: Tisdall v Webber [2010] FCA 501
Parties: PETER THOMAS TISDALL v TONY WEBBER (IN HIS CAPACITY AS DIRECTOR OF PROFESSIONAL SERVICES REVIEW), GWEN ASTEN, TIM FLANAGAN, PAUL HANSON, MEDICARE AUSTRALIA and DETERMINING AUTHORITY
File number: VID 467 of 2010
Judges: GREENWOOD, TRACEY AND BUCHANAN JJ
Date of judgment: 7 June 2011
Catchwords: ADMINISTRATIVE LAW – judicial review – inferential reasoning – whether illogicality is an error of law – whether there is evidence of a fact is a question of law – inference from available facts is not to be equated with conjecture, surmise or guesswork – distinction between lack of logic and an absence of evidence on which to make a finding of fact or base an inference HEALTH LAW – inappropriate practice – exceptional circumstances – meaning of "absence of other medical services" in reg 11 of the Health Insurance (Professional Services Review Regulations 1999 (Cth) – "professional attendance" – professional service
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Health Insurance Act 1973 (Cth) ss 80, 81, 82, 83, 84, 85, 86, 93, 95, 98, 101, 103, 106A, 106B, 106EA, 106H, 106KA, 106L, 106Q, 106T, 106TA, 106U Health Insurance (Professional Services Review and Other Matters) Act 2002 (Cth) Health Insurance (Professional Services Review) Amendment Regulations 1999 (No 1) (No. 346) Health Insurance (Professional Services Review) Regulations 1999 (Cth) reg 7, 8, 9, 10, 11 Judiciary Act 1903 (Cth) s 39B
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