Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hatcher v Fry [2009] FCA 1573
ADMINISTRATIVE LAW – application to review decision of the Professional Services Review Committee – whether a medical practitioner engaged in inappropriate practice in rendering 80 or more professional attendances on each of the 65 days within the referral period – whether exceptional circumstances existed – meaning of "the absence of other medical services" – relevance of patient preference – relevance of doctor/patient ratios – application dismissed Administrative Decisions (Judicial Review) Act 1977 (Cth) Health Insurance Act 1973 (Cth) ss 82, 83, 93, 106KA Health Insurance (Professional Services Review) Regulations 1999 (Cth) regs 10, 11 DONALD FRANK HATCHER v FRANK FRY, WARWICK CARTER AND AILSA LAIDLAW (IN THEIR CAPACITY AS PROFESSIONAL SERVICES REVIEW COMMITTEE NO 362)
QUD 043 of 2009
DOWSETT J
23 DECEMBER 2009
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
general division QUD 043 of 2009
BETWEEN: DONALD FRANK HATCHER
Applicant
AND: FRANK FRY, WARWICK CARTER AND AILSA LAIDLAW (IN THEIR CAPACITY AS PROFESSIONAL SERVICES REVIEW COMMITTEE NO 362)
Respondent
JUDGE: DOWSETT J
DATE OF ORDER: 23 DECEMBER 2009
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. the application be dismissed; and 2. the applicant pay the respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
general divisIon QUD 043 of 2009
BETWEEN: DONALD FRANK HATCHER
Applicant
AND: FRANK FRY, WARWICK CARTER AND AILSA LAIDLAW (IN THEIR CAPACITY AS PROFESSIONAL SERVICES REVIEW COMMITTEE NO 362)
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