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) (No 2) [2019] FCA 2022 File number(s): QUD 699 of 2019
Judge(s): COLLIER J
Date of judgment: 29 November 2019
Catchwords: PRACTICE AND PROCEDURE – urgent application for interim orders staying disqualification of medical practitioner pursuant to s 15 (1) Administrative Decisions (Judicial Review) Act 1977 (Cth) – principles relevant to stay under ADJR Act – whether serious question to be tried – where balance of convenience lay
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) – s 15(1) Health Insurance Act 1973 (Cth) – ss 82, 83, 93, 101, 104, 105
Cases cited: DB Marketing Solutions Pty Ltd (Formerly Known as Auto Xtreme Electronics Pty Ltd) v Cause [2014] FCA 1026 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 1225 Faingold v Zammit (1984) 1 FCR 87
Date of hearing: 29 November 2019
Date of last submissions: 29 November 2019
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 62
Counsel for the Applicant: Mr B D O'Donnell QC with Mr B W Wacker
Solicitor for the Applicant: Russells
Counsel for the First Respondent: Ms K Slack
Solicitor for the First Respondent: Sparke Helmore Lawyers
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