Crowley v Holmes [2004] FCA 521

FEDERAL COURT OF AUSTRALIA

Crowley v Holmes [2004] FCA 521 Health Insurance Act 1973 ss 82, 92, 106KA Health Insurance (Professional Services Review) Regulations 1999 Minister for Aboriginal Affairs v Peko Wallsend (1986) 162 CLR 24 applied Kelly v Daniel [2004] FCAFC 14 considered Freeman v Health Insurance Commission [2004] FCA 453 followed Daniel v Health Insurance Commission [2003] FCA 772 cited DR PAUL DAVID CROWLEY v DR ALAN JOHN HOLMES (in his capacity as the Director of Professional Services Review), GEOFFREY HIRST, STEPHEN PHILLIPS, DAVID ROSENTHAL and HEALTH INSURANCE COMMISSION V 492 OF 2004 SUNDBERG J 28 APRIL 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 492 OF 2004

BETWEEN: DR PAUL DAVID CROWLEY

APPLICANT

AND: DR ALAN JOHN HOLMES (in his capacity as the Director of Professional Services Review)

FIRST RESPONDENT

GEOFFREY HIRST

SECOND RESPONDENT

STEPHEN PHILLIPS

THIRD RESPONDENT

DAVID ROSENTHAL

FOURTH RESPONDENT

HEALTH INSURANCE COMMISSION

FIFTH RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 28 APRIL 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for interlocutory relief be dismissed. 2. The applicant pay the respondents' costs of the application. 3. The respondents' motion, notice of which was filed on 22 April 2004, be adjourned to a date to be fixed by the docket Judge.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 492 OF 2004

BETWEEN: DR PAUL DAVID CROWLEY

APPLICANT

AND: DR ALAN JOHN HOLMES (in his capacity as the Director of Professional Services Review)

FIRST RESPONDENT