Hill v Holmes [1999] FCA 760

FEDERAL COURT OF AUSTRALIA

Hill v Holmes [1999] FCA 760 HEALTH - application to set aside decision of the Chairperson of the Professional Services Review Committee ("the Committee") to notify the Director Professional Services Review ("the Director") of the applicant's failure to comply with the requirements of a written notice pursuant to par 104(2)(b) of the Health Insurance Act 1973 (Cth) "to appear at the hearing … and give evidence to the Committee" – application to set aside subsequent decision by Director made pursuant to s 105(3) to disqualify the applicant and notify the Health Insurance Commission of the disqualification – hearing to determine whether services rendered by applicant during a referral period constituted "inappropriate practice" for the purposes of the Health Insurance Act 1973 (Cth) – whether the giving of a deliberate non‑responsive answer to questions put by the Committee constituted a failure to comply with the requirement of the notice "to give evidence". JUDICIAL REVIEW - Administrative Decisions (Judicial Review) Act 1977 (Cth) – review of decisions of the Chairperson of the Professional Services Review Committee and Director of Professional Services Review – whether there was no evidence or other material to justify the making of the decisions – whether the decision were otherwise contrary to law. WORDS AND PHRASES – "fails" - failure to "answer a question" - failure to "give evidence" Health Insurance Act 1973 (Cth): Pt VAA, s 102, s 104, s 105, s 105E, s 106EA Administrative Decisions (Judicial Review) Act 1977 (Cth) Health Legislation (Professional Services Review) Amendment Act 1994 (Cth) Ingram v Ingram (1938) 38 SR (NSW) 407 - applied CBS Productions Pty Ltd v O'Neill (1985) 1 NSWLR 601 - applied WILVENE LESLEY EVYLINE HILL v ALAN JOHN HOLMES & ORS V257 of 1999 GOLDBERG J 8 JUNE 1999 MELBOURNE