Karmakar v Minister for Health [2019] FCA 868

FEDERAL COURT OF AUSTRALIA

Karmakar v Minister for Health [2019] FCA 868 File number: QUD 443 of 2018

Judge: LOGAN J

Date of judgment: 16 May 2019

Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – application for striking out of statement of claim – where there are serious deficiencies in pleadings – where substantive applicant has recently engaged senior and junior counsel – whether application should be adjourned for re-pleading – whether adjournment is in the interests of justice – application for summary judgment and striking out adjourned

Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A, 37M Health Insurance Act 1973 (Cth) s 80

Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Spencer v Commonwealth (2010) 241 CLR 118

Date of hearing: 16 May 2019

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Mr A Morris QC with Mr J Kewley

Solicitor for the Applicant: Platinum Lawyers

Counsel for the Respondents: Mr G del Villar

Solicitor for the Respondents: Australian Government Solicitor

ORDERS QUD 443 of 2018

BETWEEN: ANCHITA KARMAKAR Applicant

AND: MINISTER FOR HEALTH First Respondent

DIRECTOR, PROFESSIONAL SERVICES REVIEW AGENCY Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 16 MAY 2019

THE COURT ORDERS THAT:

1. The Respondents' amended interlocutory application dated 13 March 2019 be adjourned for hearing to 19 September 2019. 2. 19 September 2019 also be reserved for use for a trial of the proceedings in the event that the Court so orders. 3. On or before 28 June 2019, the Applicant is to file any further amended Statement of Claim. 4. On or before 19 July 2019, the Respondents is to file any further amended application in support of orders for summary judgement or striking out all or parts of the Applicant's further amended Statement of Claim, together with any additional supporting material. 5. If the Respondents do not file the application referred to in Order 4 the Respondents are to file a defence by 26 July 2019. 6. If the Respondents file the application referred to in Order 4, the Respondents are to file submissions in support of that application on or before 16 August 2019, those submissions being no longer than 5 pages. 7. On or before 6 September 2019, the Applicant is to file submissions in reply to the Respondents' application referred to in Order 4, those submissions being no longer than 5 pages. 8. The Applicant pay the Respondents' costs thrown away in relation to the amended interlocutory application dated 13 March 2019. 9. The parties have liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.