Mitchelson v Health Insurance Commission & Ors [2007] FCA 1372

FEDERAL COURT OF AUSTRALIA

Mitchelson v Health Insurance Commission & Ors [2007] FCA 1372 PRACTICE AND PROCEDURE – application to strike out a document described as a Notice of Appeal – consideration of whether the document is a proceeding – consideration of an application for leave to amend the initiating proceeding – consideration of the relationship between the initiating document and the requirements of a document seeking an Order of Review for the purposes of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – consideration of an order for indemnity costs – consideration of an order pursuant to Order 62 of the Federal Court Rules that costs be payable forthwith upon determination of the quantum of the costs notwithstanding that the proceeding is not concluded. Health Insurance Act 1973 (Cth), ss 86, 88A, 93, 95, ss 97-106F, 106KD, 106L, 106SA, 106T, 106TA, 106V(1), (2) Administrative Decisions (Judicial Review) Act 1977, ss 3, 5, 11 DR MARK LESLIE MITCHELSON v HEALTH INSURANCE COMMISSION, DR GEOFFREY HIRST, DR MARCELA COX, DR BRIAN MORTON, DR NICOLAS RADFORD, DR WILLIAM MEAGHER AND MS JANE PHELAN QUD128 OF 2007

GREENWOOD J

4 SEPTEMBER 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD128 OF 2007

BETWEEN: DR MARK LESLIE MITCHELSON

Applicant

AND: HEALTH INSURANCE COMMISSION

First Respondent

DR GEOFFREY HIRST

As chairperson of the Professional Services Review Committee No 445

Second Respondent

DR MARCELA COX

As Member of the Professional Services Review Committee No 445

Third Respondent

DR BRIAN MORTON

As Member if the Professional Services Review Committee No 445