Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kitchen v Director of Professional Services Review Under s 83 of the Health Insurance Act 1973 (Cth) [2019] FCA 1978 File number: QUD 699 of 2019
Judge: RANGIAH J
Date of judgment: 20 November 2019
Catchwords: PRACTICE AND PROCEDURE – investigation of whether medical practitioner engaged in inappropriate practice – urgent application for interim injunction to restrain hearing – allegation that applicant would be denied natural justice – application dismissed
Legislation: Health Insurance Act 1973 (Cth) ss 93, 101, 106C, 106K and 106KD
Cases cited: Adams v Yung (1998) 83 FCR 148 Health Insurance Commission v Grey (2002) 120 FCR 470 Kutlu v Director of Professional Services Review (2011) 197 FCR 177 Romeo v Asher (1991) 29 FCR 343
Date of hearing: 20 November 2019
Registry: Queensland
Division: General Division
National Practice Area: Other Federal Jurisdiction
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicant: Mr B O'Donnell QC with Mr A Scott
Solicitor for the Applicant: Russells Law
Counsel for the First Respondent: Ms KB Slack
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: Ms A Rae
Solicitor for the Second Respondent: Clayton Utz
ORDERS QUD 699 of 2019
BETWEEN: DAVID NORMAN KITCHEN Applicant
AND: DIRECTOR OF PROFESSIONAL SERVICES REVIEW UNDER S 83 OF THE HEALTH INSURANCE ACT 1973 (CTH) First Respondent
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