Medical Board of Australia v Broadbent [2023] FCA 673

Federal Court of Australia

Medical Board of Australia v Broadbent [2023] FCA 673 File number: QUD 357 of 2022

Judgment of: LOGAN J

Date of judgment: 8 May 2023

Catchwords: BANKRUPTCY – where the applicant seeks review under s 35A(A) Federal Court of Australia Act 1976 (Cth) of a sequestration order made by a registrar– nature of such review where the Federal Court of Australia has power – where the applicant submits the court should exercise its discretion under s 52 (2) of the Bankruptcy Act 1966 (Cth) not to make a sequestration order – where the onus falls on the creditor to prove the matters stated in the petition – where the court is satisfied that the bankruptcy notice was served, an act of bankruptcy committed and the applicant failed to comply with notice in time – where the applicant alleges the sequestration order was obtained by fraud – where the applicant alleges a counter-claim based on fraud or abuse of process against the respondent sets off the creditor's petition – where applicant failed to establish that he has a real claim against the creditor that is likely to succeed, St George Bank Ltd v Helfenbaum [1999] FCA 1337 applied – where a State court dismissed applicant's leave to appeal application against disciplinary finding by QCAT which resulted in an undertaking by the applicant not to practice medicine again – whether depriving the applicant his right to practice amounts to an acquisition of property on just terms contrary to s 51(xxxiii) of the Constitution (Cth) – where even assuming such deprivation amounted to an acquisition of property, it occurred under State law – application dismissed

Legislation: Constitution (Cth) s 51(xxxiii) Bankruptcy Act 1966 (Cth) ss 33, 40, 41, 52 Federal Court of Australia Act 1976 (Cth) s 35A Health Insurance Act 1973 (Cth) Health Practitioner Regulation National Law Act 2009 (Qld) s 4 Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 149 Health Practitioner Regulation National Law (Qld) s 31A