Hedge, as Administrator of Goldfields Medical Fund Inc [2002] FCA 1303

FEDERAL COURT OF AUSTRALIA

Hedge, as Administrator of Goldfields Medical Fund Inc [2002] FCA 1303 PRACTICE AND PROCEDURE –national health legislation – application for approval of merger of registered health insurance funds – application by administrator of fund falling below capital adequacy standard – fund not insolvent – necessary directions – notice to contributors – no meeting required – whether notice to creditors necessary – creditors potentially "other persons interested" – notice by newspaper to creditors SOCIAL SECURITY – national health legislation – prudential regulation – legislative scheme – replacement of judicial management regime – Public Health Insurance Administrative Council – appointment of administrator – fund not meeting capital adequacy standard – fund not insolvent – application for approval of merger – directions and notice requirements COURTS – federal jurisdiction – proposed conferring of jurisdiction on court by deed – provision for review by court of administrator's decisions under deed – ineffective – whether matters arising under the deed attract federal jurisdiction. National Heath Act 1953 (Cth) s 67(1), s 73BCC, s 82XB, s 82XZC(7), s 82 XZC(8), s 82XZE Health Legislation Amendment Act (No 3) 1999 Corporations Act 2001 (Cth) s 447A(1) Minister for Health (Cth) v Trustees of the Ancient Order of Foresters Friendly Society in Queensland (1985) 10 FCR 27 cited PETER HEDGE in his capacity as Administrator of the Goldfields Medical Fund Incorporated (Administrator Appointed) W288 of 2002 FRENCH J 23 OCTOBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W288 OF 2002

BETWEEN: PETER HEDGE in his capacity as Administrator of the Goldfields Medical Fund Incorporated (Administrator Appointed)

Applicant