Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bupa HI Pty Ltd v Andrew Chang Services Pty Ltd [2018] FCA 2033 File number: NSD 1870 of 2016
Judge: LEE J
Date of judgment: 17 December 2018
Catchwords: HEALTH LAW – construction of item 42739 of the Medicare Benefits Schedule – whether if an ophthalmic surgeon in the course of performing an intravitreal injection administers alprazolam where is it medically necessary to do so and no other anaesthetic service is administered to the patient, is the private hospital entitled to charge for the second tier default benefits payable by a private health insurer in respect of item 42739 PLEADINGS – necessity to plead any allegation of conscious wrongdoing – election of applicant to pursue an "all or nothing" case and forensic consequences CONTRACTS – content of obligation of reasonableness in contractual provision providing mechanism for deregistration of a medical practitioner from an insurer's "gap scheme" – contractual procedural fairness mechanism requiring formation of reasonable opinion and then notice and then a decision – breach of contract
Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Australian Consumer Law s 236 Evidence Act 1995 (Cth) ss 50, 57, 69, 131(2)(h), 140(2)(c) Federal Court of Australia Act 1976 (Cth) s 53A Health Insurance Act 1973 (Cth) s 4 Health Insurance (General Medical Services Table) Regulations 2018 (Cth) sch 1 Private Health Insurance Act 2007 (Cth) ss 63-1, 63-5, 72 Legislation Act 2003 (Cth) s 13
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate