Federal Court of Australia
CATCHWORDS
HEALTH INSURANCE - reference to Medical Services Committee of
Inquiry - whether reference authorised by Health Insurance Act -
whether terms of reference cast onus of proof on practitioner -
whether denial of natural justice by Committee - whether Medical Services Review Tribunal can admit evidence not before the
Committee.
Health Insurance Act 1973 - ss.79,80,82,94,104,.105,106,107, - 114,119
McDonald v. Director-General of Social Security (1984) 1 F.C.R. 354 ref'd to
The King v. City of Westminister Assessment Committee: Ex parte Grosvenor House (Park Lane), Limited (1941) 1 K.B. 53
ref'd to
MINISTER FOR HEALTH v RONALD LESLIE THOMSON
No. G350 of 1984
CORAM: Fox, Beaumont and Wilcox JJs -/ . yo SYDNEY 14 JUNE 1985
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
No.G350 of 1984
GENERAL DIVISION
weve vn
ON APPEAL from a single Judde of the Federal Court of Australia
BETWEEN :
MINISTER FOR HEALTH
Applicant AND: RONALD LESLIE THOMSON Respondent MINUTE OF ORDER JUDGES MAKING ORDER: Fox, Beaumont and Wilcox JJ DATE OF QRDER: 14 June 1985 WHERE MADE: Sydney.
THE COURT ORDERS THAT:
1.
2.
Note:
The appeal be allawed. The order of Sweeney J. be set aside.
The order of the Medical Services Review Tribunal be set aside.
The determination of the Minister for Health be affirmed.
The respondent pay the appellant's costs of both the appeal and the application to Sweeney J.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN_THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G350 of 1984
wey rw
GENERAL DIVISION
ON APPEAL from a single Judae of the Federal Court of Australia
BETWEEN : MINISTER FOR HEALTH
Applicant AND: RONALD LESLIE THOMSON
Respondent
CORAM FOX, BEAUMONT and WILCOX JJ. DATE: 14 JUNE 1985
REASONS FOR JUDGMENT FOX J.
This 1s an appeal from a decision of a Judge of this Court (Sweeney J.) who upheld a decision of the Medical Services
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