Crowley v Holmes [2003] FCA 414

FEDERAL COURT OF AUSTRALIA

Crowley v Holmes [2003] FCA 414 PRACTICE AND PROCEDURE – Health Law – interlocutory application – referrals made by Health Insurance Commission and Director of Professional Services Review under the Health Insurance Act 1973 (Cth) relating to conduct of medical practitioner – Professional Services Review Committee scheduled a hearing to assess whether conduct constituted "engaging in inappropriate practice" within the meaning of the Health Insurance Act 1973 (Cth) – earlier referrals made in relation to conduct of the medical practitioner at a different period of time before a differently constituted Committee – separate proceeding before the Court in relation to earlier referral, on appeal – Committee restrained from hearing matters relating to earlier referral until determination of that appeal – whether serious question to be tried – whether inclusion of practice statistics relating to periods outside the period proscribed by the Health Insurance Act 1973 (Cth) invalidated the referrals or created an apprehension of bias in the Committee – whether decisions of the Commission and Director leading to multiple hearings before differently constituted Committees were invalid as ultra vires to the Health Insurance Act 1973 (Cth), improperly made or a misuse of power. PAUL DAVID CROWLEY v ALAN JOHN HOLMES & ORS V 273 of 2003 GOLDBERG J 1 MAY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 273 of 2003

BETWEEN: PAUL DAVID CROWLEY

Applicant

AND: ALAN JOHN HOLMES

(in his capacity as the Director of Professional Services Review)

First Respondent

BRUCE INGRAM

Second Respondent

JOHN KISS

Third Respondent