Milad v Vocational Registration Appeal Committee [1999] FCA 608

FEDERAL COURT OF AUSTRALIA

Milad v Vocational Registration Appeal Commitee

[1999] FCA 608

MEDICAL PRACTITIONERS – application for judicial review under Administrative Decisions (Judicial Review) Act 1977 (Cth) - whether General Practice Recognition Appeal Committee would be authorised to hear and determine a matter on remitter in accordance with pre-1996 requirements – meaning of the word "finalised" in subregulation 4B(2) of the Health Insurance (Vocation Registration of General Practitioners) Regulations (Amendment) 1996 Administrative Decisions (Judicial Review) Act 1977 (Cth), s 11, s 16(1) Health Insurance Act 1973 (Cth), s 3F Health Insurance (Vocational Registration of GP's) Regulations 1989 (Cth) Health Insurance (Vocation Registration of General Practitioners) Regulations (Amendment) 1996 (Cth) Tan v Vocational Registration Appeal Committee (1996) 71 FCR 405 referred to Reid v Vocational Registration Appeal Committee (1997) 73 FCR 43 referred to Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 referred to Hickey v Australian Telecommunications Commission (1983) 47 ALR 517 referred to Buck v Comcare (1996) 137 ALR 335 considered MAHER WADIE MILAD v VOCATIONAL REGISTRATION APPEAL COMMITTEE & ANOR S 21 of 1999 HEEREY, R D NICHOLSON and FINN JJ 6 JULY 1999 MELBOURNE (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 21 OF 1999

BETWEEN: MAHER WADIE MILAD

Appellant

AND: VOCATIONAL REGISTRATION APPEAL COMMITTEE

First Respondent

GENERAL PRACTICE RECOGNITION APPEAL COMMITTEE

Second Respondent

JUDGES: HEEREY, R D NICHOLSON and FINN JJ

DATE OF ORDER: 6 JULY 1999

WHERE MADE: MELBOURNE (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The order of 26 February 1999 be set aside. 3. The matter be remitted to O'Loughlin J for further consideration. 4. The respondents pay the appellant's costs of the appeal, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.