Mercado v Holmes [2000] FCA 620

FEDERAL COURT OF AUSTRALIA

Mercado v Holmes [2000] FCA 620 HEALTH LAW – medical practitioners – review scheme under Part VAA Health Insurance Act 1973 (Cth) –"inappropriate practice" – referral by Health Insurance Commission to Director of Professional Services Review – content and form of referral – setting up of Professional Services Review Committee – referral purportedly limited to statement of practice addresses and period of services – substantial "attached material … by way of explanation and background" – whether part of referral – referral initially confined to high volume of services – whether allegation of overservicing can be considered by Committee – material in referral concerning alleged admissions as to high volume services outside period of specified services – whether reasonable apprehension of bias – whether jurisdiction to grant injunction– whether injunction premature WORDS AND PHRASES – "inappropriate practice" – "referral" Health Insurance Act 1973 (Cth) ss 81, 82(1)(a), 86(1), 87, 106L, 106V, 114(1), 124A Judiciary Act 1903 (Cth) s 39B(1) and (1A)

Administrative Decision (Judicial Review) Act 1977 (Cth) s 5 Federal Court of Australia Act 1976 (Cth) s 23 Adams v Yung (1998) 83 FCR 248 applied Tankey v Adams [1999] FCA 683 mentioned Livesey v New South Wales Bar Association (1983) 151 CLR 288 at 293 applied Webb v The Queen (1994) 181 CLR 41 at 74 applied Secretary, Department of Social Security v Jordan (1998) 83 FCR 34 at 46 applied Khadem v Barbour (1995) 21 AAR 555 at 561 applied Century Metals and Mining NL v Yeomans (1991) 100 ALR 383 at 417 mentioned Kaycliff Pty Ltd v Australian Broadcasting Tribunal (1989) 90 ALR 310 at 319 mentioned Re Finance Sector Union of Australia; Ex parte Illaton Pty Ltd (1992) 107 ALR 581 at 582 applied Re Judge Leckie; Ex parte Felman (1978) 52 ALJR 155 at 160 applied Victoria v Australian Building Construction Employees' and Builders Labourers' Federation (1982) 152 CLR 25 at 102 applied Amoe v Director of Public Prosecutions (Nauru) (1991) 66 ALJR 29 at 33-34 applied Johns v Australian Securities Commission (1992) 35 FCR 16 at 37 applied Bilgin v Minister for Immigration and Multicultural Affairs (1997) 149 ALR 281 and 292 mentioned Police v Pereira [1977] 1 NZLR 547 at 557 mentioned R v Kent Police Authority; Ex parte Godden [1971] 2 QB 662 at 673 mentioned Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 337 mentioned Edelston v Health Insurance Commission (1990) 27 FCR 56 at 69-70 mentioned Tang v Holmes (Sundberg J, unreported, 25 February 1998 at 10) followed Federal Airports Corporation v Aerolineas Argentinas 1997) 76 FCR 582 mentioned Boddington v British Transport Police [1998] 2 WLR 639 mentioned