Ian Clare v Health Insurance Commission [2003] FCA 1279

FEDERAL COURT OF AUSTRALIA

Ian Clare v Health Insurance Commission [2003] FCA 1279 PRACTICE AND PROCEDURE – application for discovery in judicial review proceedings regarding a decision denying "eligible equipment" status and Medicare benefits – claims including a reasonable apprehension of bias and improper purpose on the respondent's part – application identifying classes of discoverable documents – whether application oppressive or fishing Health Insurance Commission Act 1973 (Cth) Health Insurance Act 1973 (Cth) Health Insurance (Diagnostic Imaging Services Table) Regulations 2000 (Cth) Health Insurance (1998-99) Diagnostic Imaging Services Table) Regulations 1998 (Cth) Johns v Australian Securities Commission (1993) 178 CLR 408 referred to Re Federal Commissioner of Taxation; Ex parte Swiss Aluminium Australia Ltd (1987) 72 ALR 247 followed Australian Securities Commission v Somerville (1994) 51 FCR 38 applied Treasurer of the Commonwealth of Australia v Canwest Global Communications Corp [1997] 578 FCA (unreported, Beaumont, Burchett and Emmett JJ, 30 June 1997) applied Minister for Immigration and Multicultural and Indigenous Affairs v Wong [2002] FCAFC 327 applied WA Pines Ltd v Bannerman (1980) 41 FLR 175 applied Commonwealth v Northern Land Council (1991) 30 FCR 1 applied Trade Practices Commission v CC (New South Wales) Pty Ltd (No 4) (1995) 58 FCR 426 followed Bertran v Vanstone [1999] FCA 1753 referred to Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 referred to IAN CLARE v HEALTH INSURANCE COMMISSION V 878 of 2002 KENNY J MELBOURNE 11 NOVEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V878 OF 2002

BETWEEN: IAN CLARE

APPLICANT

AND: HEALTH INSURANCE COMMISSION

RESPONDENT

JUDGE: KENNY J