Rowell v Health Insurance Commission [2002] FCA 693

FEDERAL COURT OF AUSTRALIA

Rowell v Health Insurance Commission [2002] FCA 693

STATUTES – construction – settlement of claims for personal injury by claimants agreeing to accept an amount to be determined in accordance with the settlement agreement – whether the amount payable to the claimants is ascertainable at the time the settlement agreement is made – whether the Commonwealth is entitled to reimbursement of the Medicare benefits paid by it in respect of the claimants' injuries

WORDS AND PHRASES – ascertainable

Health and Other Services (Compensation) Act 1995 (Cth) ss 3, 8, 23, 24, 28 and 38

Oil Basins Ltd v The Commonwealth of Australia (1993) 178 CLR 643 - cited Federal Commissioner of Taxation v Sara Lee Household and Body Care (2000) 201 CLR 520 - cited Wigan v Edwards (1973) 1 ALR 497 - cited Gregg v Tasmanian Trustees Ltd (1997) 73 FCR 91 - cited PHILIP JOHN ROWELL as Trustee of the Dow Corning Australia Settlement Trust and as Trustee of the Expedited and Capitalized (Certain Australian Claimants, Dow Corning Breast Implants) Settlement Trust v HEALTH INSURANCE COMMISSION V 235 OF 2002 JUDGE: MERKEL J DATE: 3 JUNE 2002 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 235 OF 2002

BETWEEN: PHILIP JOHN ROWELL as Trustee of the Dow Corning Australia Settlement Trust and as Trustee of the Expedited and Capitalized (Certain Australian Claimants, Dow Corning Breast Implants) Settlement Trust

APPLICANT

AND: HEALTH INSURANCE COMMISSION

RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 3 JUNE 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT within 14 days the parties exchange and file their submissions as to the form of declaratory relief and the costs orders that appropriate to give effect to these reasons for judgment.