Maiocchi v Royal Australian & New Zealand College of Psychiatrists [2013] FCA 1046

FEDERAL COURT OF AUSTRALIA

Maiocchi v Royal Australian & New Zealand College of Psychiatrists [2013] FCA 1046 Citation: Maiocchi v Royal Australian & New Zealand College of Psychiatrists [2013] FCA 1046

Parties: DR LICIA MAIOCCHI v ROYAL AUSTRALIAN & NEW ZEALAND COLLEGE OF PSYCHIATRISTS, DR MARIA TOMASIC, DR JOHN CHALK, ANDREW PETERS, DR CRAIG WILSON, DR STEPHEN JURD, State of New South Wales – NORTHERN Sydney Local Health District, MDA NATIONAL INSURANCE PTY LTD, DR BILL LYNDON, MEDICAL COUNCIL OF NEW SOUTH WALES, RAMSAY HEALTH CARE LIMITED – Phiroan Pty Ltd trading as Northside Clinic, VICKI TAYLOR and Health Care Complaints Commission

File number: NSD 828 of 2012

Judge: NICHOLAS J

Date of judgment: 23 October 2013

Catchwords: PRACTICE AND PROCEDURE – whether proceeding should be summarily dismissed pursuant to s 31A of Federal Court of Australia Act 1976 (Cth) as against various respondents – whether Application and Amended Statement of Claim should be struck out. Held: proceeding as against various respondents lacks reasonable prospects of success – orders for summary dismissal made in favour of such respondents – orders made striking out Application and Amended Statement of Claim and providing for re-pleading of applicant's claims against all other respondents.

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 26.01, 16.21 Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) Racial Discrimination Act 1975 (Cth) ss 5, 9, 13, 15, 17, 18, 18A, 27, 29 Australian Human Rights Commission Act 1986 (Cth) ss 46P, 46PD, 46PF, 46PH, 46PO Health Services Act 1997 (NSW) s 22 Trade Practices Act 1974 (Cth) s 53B Competition and Consumer Act 2010 (Cth) Sch 2