Holmes v Mercado [2000] FCA 1848

FEDERAL COURT OF AUSTRALIA

Holmes v Mercado [2000] FCA 1848

ADMINISTRATIVE LAW - Health benefits - Review by Professional Services Review Committee of services rendered by general medical practitioner - Issue on review was whether the practitioner "engaged in inappropriate practice" - This term is defined to mean conduct that would be "unacceptable to the general body of general practitioners" - Referral included report of counselling in respect of an earlier period, with reference to an alleged admission by the practitioner - Relevance of this material - Whether inclusion of this material in the referral had the effect that the committee ought to disqualify itself on the ground of reasonable apprehension of bias.

Livesey v New South Wales Bar Association (1983) 151 CLR 288 referred to. Webb v The Queen (1994) 181 CLR 41 discussed. Tankey v Adams [1999] FCA 683 (Einfeld J); [2000] FCA 1089 (Full Court) discussed. Ross v Costigan (1982) 41 ALR 319 (Ellicott J); (1982) 41 ALR 337 (Full Court) referred to. Health Insurance Act 1973, ss 82, 84, 86, 87, 93, 95 ALAN JOHN HOLMES v MIGUELITO DEL FIERRO MERCADO V 373 of 2000

WILCOX, MERKEL and WEINBERG JJ MELBOURNE 15 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V373 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ALAN JOHN HOLMES

APPELLANT

AND: MIGUELITO DEL FIERRO MERCADO

RESPONDENT JUDGE: WILCOX, MERKEL and WEINBERG JJ

DATE OF ORDER: 15 DECEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. Order 1 made by Heerey J on 15 May 2000 be set aside. 3. The respondent, Miguelito del Fierro Mercado, pay the costs incurred in connection with the appeal by the appellant, Alan John Holmes. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.