Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McFarlane v Batman [2001] FCA 107 ADMINISTRATIVE LAW – HEALTH – referral under the Health Insurance Act 1973 (Cth) in relation to a general practitioner alleged to have engaged in "inappropriate practice" – appeal from primary judge confirming decision of the Professional Services Review Tribunal which confirmed determination made by a Determining Officer – whether appellant accorded procedural fairness by Committee and effect on Tribunal's determination – whether primary judge erred in finding that the Tribunal's determination was not void as being based on a misconstruction of the Committee's report or upon a finding of the Committee which was void by reason of absence of material to support the finding – whether Tribunal required to examine individual transactions to determine whether or not the appellant engaged in inappropriate practices in initiating services Health Insurance Act 1973 (Cth), ss 20BA, 82, 82(1), 86, 89, 106Q, 106T, 106U, 124A Adams v Yung (1998) 83 FCR 248 at 297 DR JEAN FERGUS McFARLANE v GAIL BATMAN Q 156 OF 2000 RYAN, DOWSETT & HELY JJ 23 FEBRUARY 2001 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 156 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DR JEAN FERGUS McFARLANE
APPELLANT
AND: GAIL BATMAN
RESPONDENT
JUDGES: RYAN, DOWSETT & HELY JJ
DATE OF ORDER: 23 FEBRUARY 2001
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 156 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DR JEAN FERGUS McFARLANE
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