Hedge, as Administrator of Goldfields Medical Fund Inc (No 2) [2002] FCA 1498

FEDERAL COURT OF AUSTRALIA

Hedge, as Administrator of Goldfields Medical Fund Inc (No 2) [2002] FCA 1498 SOCIAL SECURITY – national health legislation – registered organisation – medical health insurance fund – administration – scheme of arrangement – merger – jurisdiction and powers of Court – orders giving effect to proposed course of action by administrator – implementation of scheme – relevant criteria for making orders – whether adequate notice – interests of contributors – interests of creditors and employees – public interest – competition effects – proposed application to scheme administration of s 1321 of Corporations Act providing for review of administrator decisions – jurisdictional provision – not able to be applied by court order to administration under the National Health Act 1953 – ancillary orders providing for review of administrator's decisions – orders made under jurisdiction conferred by s 82ZE of National Health Act and s 39B(1A) of Judiciary Act 1903 COURTS – federal jurisdiction – judicial power – matter – orders giving effect to proposed course of action by administrator – implementation of scheme of arrangement – merger of medical health insurance funds – whether valid subject of federal jurisdiction – analogous to long established subjects of judicial power – ancillary orders – review of administrator's decisions – source of jurisdiction - inappropriateness of purporting to apply by order jurisdictional provisions of Corporations Act not applicable to National Health Act. National Heath Act 1953 (Cth) s 73BCC, s 82XB, s 82XZC(7), s 82 XZC(8), s 82XZE Corporations Act 2001 (Cth) s 447A(1) Judiciary Act 1903 (Cth) s 39B(1A) Minister for Health (Cth) v Trustees of the Ancient Order of Foresters Friendly Society in Queensland (1985) 10 FCR 27 cited R v Davison (1954) 90 CLR 353 cited Huddart Parker & Co Pty Ltd v Mooreheard (1909) 8 CLR 330 cited Federal Commissioner of Taxation v Munro (1926) 38 CLR 153 cited R v Trade Practices Tribunal; Ex parte Tasmanian Breweries Pty Ltd (1970) 123 CLR 361 cited R v Quinn; Ex parte Consolidated Foods Corp (1977) 138 CLR 1 cited Pasini v United Mexican States (2001) 187 ALR 409 cited Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (1999) 200 CLR 591 cited Connolly v Connolly (1966) 115 CLR 166 cited Attorney-General (Commonwealth) v Schmidt (1961) 105 CLR 361 cited Secretary, Department of Health and Community Services v JWB and SMB (Marion's case) (1992) 175 CLR 218 cited PETER HEDGE in his capacity as Administrator of the Goldfields Medical Fund Incorporated (Administrator Appointed) W288 of 2002 FRENCH J 29 NOVEMBER 2002 PERTH