Guild Insurance Limited v Chief Executive Medicare [2020] FCA 1170

FEDERAL COURT OF AUSTRALIA

Guild Insurance Limited v Chief Executive Medicare [2020] FCA 1170 File number(s): NSD 490 of 2019

Judge(s): PERRY J

Date of judgment: 14 August 2020

Catchwords: ADMINISTRATIVE LAW – judicial review of decisions by respondent rejecting application by insurer/applicant for payment of a high cost indemnity under s 30(1) of the Medical Indemnity Act 2002 (Cth) ("Act") – proper construction of s 30(1)(a) providing that a high cost indemnity is payable to an insurer where "a claim" as defined in s 4(1) is "made against a person (the practitioner)" – where "person" means individual practitioner and not corporation – whether claim made against a "person" where the person was not party to legal proceedings for damages against her employer but the employer was said to be vicariously liable for the person's breach – whether deed settling legal proceedings against the employer constituted or was evidence of a claim against the person for the purposes of s 30(1)(a) – whether pre-action notice issued directly to the person under s 9A, Personal Injuries Proceedings Act 2002 (Qld), constituted a claim against the person for the purposes of s 30(1) of the Act – whether conceded error in application of s 30(2) of the Act was material so as to establish jurisdictional error – whether grant of relief under Administrative Appeals (Judicial Review) Act 1977 (Cth) lacks utility - application dismissed

Legislation: Acts Interpretation Act 1901 (Cth) ss 2, 2C, 15AA Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) Medical Indemnity Act 2002 (Cth) ss 4, 30(1), 30(2) Personal Injuries Proceedings Act 2002 (Qld) ss 9, 9A