Condoleon v Director of Professional Services Review [2010] FCA 1510

FEDERAL COURT OF AUSTRALIA

Condoleon v Director of Professional Services Review [2010] FCA 1510 Citation: Condoleon v Director of Professional Services Review [2010] FCA 1510

Parties: PAUL CONDOLEON v DIRECTOR OF PROFESSIONAL SERVICES REVIEW, PROFESSIONAL SERVICES REVIEW COMMITTEE NO 580, CHIEF EXECUTIVE OFFICER OF MEDICARE AUSTRALIA and DETERMINING AUTHORITY NO 530 ESTABLISHED BY SECTION 106Q OF THE HEALTH INSURANCE ACT 1973 (CTH)

File number: QUD 297 of 2010

Judge: LOGAN J

Date of judgment: 17 December 2010

Legislation: Health Insurance Act 1973 (Cth) ss 84, 85 Federal Court Rules O 6 r 2(b), O 6 r 4, O 15 r 1

Date of hearing: 17 December 2010

Place: Brisbane

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 21

Counsel for the Applicant: Mr M Robinson

Solicitor for the Applicant: Avant Law

Counsel for the Respondents: Ms R Henderson

Solicitor for the Respondents: Sparke Helmore

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 297 of 2010

BETWEEN: PAUL CONDOLEON

Applicant

AND: DIRECTOR OF PROFESSIONAL SERVICES REVIEW

First Respondent

PROFESSIONAL SERVICES REVIEW COMMITTEE NO 580

Second Respondent

CHIEF EXECUTIVE OFFICER OF MEDICARE AUSTRALIA

Third Respondent

DETERMINING AUTHORITY NO 530 ESTABLISHED BY SECTION 106Q OF THE HEALTH INSURANCE ACT 1973 (CTH)

Fourth Respondent

JUDGE: LOGAN J DATE OF ORDER: 17 DECEMBER 2010 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Leave is granted to the applicant to re-open his case with respect to the lawfulness of the appointments of the members of the second respondent pursuant to sections 84 and 85 of the Health Insurance Act 1973 (Cth). 2. Delivery of judgment is adjourned accordingly, pending the hearing and determination of the application as further amended. 3. The Honourable Nicola Roxon MP in her capacity as the Minister of State for Health and Ageing is joined as a respondent party to the proceedings. 4. The applicant shall, not later than close of business on 24 December 2010, file and serve upon the Minister and the other respondents a further amended application in the terms in respect of which leave to re-open and leave to join the Minister has been granted. 5. The proceedings are adjourned for mention via videoconference at 8:00 am (Brisbane time) 9:00 am (Sydney time) on Friday 4 February 2011. 6. The solicitor for the applicant is to write to the District Registrar in Brisbane as soon as reasonably possible informing the registrar of any other filed cases within the solicitor's knowledge in which similar issues with respect to the lawfulness of the appointments of members of professional services review committees are or may be raised. 7. Costs of the parties' appearance on 17 December 2010 including costs of the applicant's motion to re-open his case and application for joinder of the Minister are reserved. 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 Federal Law Search on the Court's website.