Lawendy v General Practice Recognition Appeal Committee [2000] FCA 946

FEDERAL COURT OF AUSTRALIA

Lawendy v General Practice Recognition Appeal Committee [2000] FCA 946

JUDICIAL REVIEW – Vocational Regulations Appeal Committee – medical practitioners past training and experience outside Australia – eligibility for vocational register – extension of time for AD(JR) Act review – discretion – blamelessness of claimant and responsibility of solicitor – substantive merits of application conceded HEALTH LAW – general practitioners – refusal of application for registration on vocational register – criteria for vocational registration – requirement of specified time spent in general practice – whether overseas experience relevant

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16 Reid v Vocational Registration Appeal Committee (1997) 73 FCR 43 followed Tan v Vocational Registration Appeal Committee (1996) 71 FCR 405 followed Milad v Vocational Registration Appeal Committee (1999) 92 FCR 549 followed Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 at 348 applied Sophron v The Nominal Defendant (1957) 96 CLR 469 at 474 applied Kumar v Minister for Immigration and Multicultural Affairs [2000] FCA 243 mentioned RAFAT LAWENDY v GENERAL PRACTICE RECOGNITION APPEAL COMMITTEE & ANOR NO S 11 of 2000 HEEREY J 4 JULY 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 11 of 2000

BETWEEN: RAFAT LAWENDY

Applicant

AND: GENERAL PRACTICE RECOGNITION APPEAL COMMITTEE and ANOTHER

Respondents

JUDGE: HEEREY J

DATE OF ORDER: 4 JULY 2000

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The time for the applicant to bring an application for review of the decision of the Vocational Registration Appeal Committee made on 31 March 1995 be extended to 22 February 2000. 2. The application be allowed. 3. The said decision be set aside and the application of the applicant for vocational registration be remitted to the first respondent for consideration according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.