Freeman, Jack v Best, James & Ors [1982] FCA 6

IN TRE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V.G. No. 6 of 1982

wwe even

GENERAL DIVISION

BETWEEN:

JACK FREEMAN Applicant

and

JAMES BEST, R. C. WEBB, N. J. RADFORD

3. Ff. MACDONALD and D. R. LESLIE (who are sucd as the Chairman, Deputy- Chairman and members of the Medical Services Committee of Inquiry for the State of Victoria) and MICHACL JOHN MACKELLAR (who is sued as the Minister of State for Health) Respondents

NORTHROP J. EX TEMPORE JUDGMENT 27_ JANUARY 1982

I propose to give my judgment in this matter immediately because there is some urgency about the matter, and because it was brought on as a matter of urgency dering the vacation. Normally the matters raised would require time for consideration but I have formed a sufficiently clear viow as to the result to srakle me to at least announce my decision and give an indication in summary form of the basis for that decision, and if necessary, at the request of either

party to give more detailed reocons if either party wants to

take the matter further, from the decision I am about to give. Any reguest for those reasons should be made within fourteen days of today, and if an appeal is taken from my

decision any necessary orders to extend time could be given.

At the very beginning I should indicate I propose to make the order sought in paragraph 3 of the notice of motion being an order that pend:ng the hearing and determination of the application V.G. No. 6 of 1982, or until further order, the deczsion of the Medical Service Committee of Inquiry of the State of Victoria dated 29 July 1981 and the determination of the Minister of State for Health dated 10 September 1981 be suspended, and that there will be liberty to apply. The effect of that order will be to prevent the Review Tribunal from proceeding with the hearing of the review which, at the present time, has been fixec for