Federal Court of Australia
Federal Court of Australia
Tonakie v Director of Professional Services Review [2023] FCA 1365 File number: NSD 214 of 2023
Judgment of: STEWART J
Date of judgment: 9 November 2023
Catchwords: ADMINISTRATIVE LAW – application for judicial review – effect of legal nullity – whether decision made by Director of Professional Services Review under s 93(1) of the Health Insurance Act 1973 (Cth) to make a referral to a Committee to investigate whether the applicant engaged in inappropriate practice that was set aside was nevertheless a referral in fact sufficient to interrupt time under s 94(1)(b)(iii) – National Home Doctor Service Pty Ltd v Director of Professional Services Review [2020] FCA 1016 followed and applied – application dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(c), 5(1)(d) Health Insurance Act 1973 (Cth) Pt VAA ss 79A, 81, 82, 83, 86, 87, 88A, 89C, 91, 92, 93, 94(1), 95 Judiciary Act 1903 (Cth) ss 39B(1), 39B(1A)
Cases cited: Australian Building and Construction Commissioner v Powell [2017] FCAFC 89; 251 FCR 470 BVT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 222 Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd [1979] FCA 21; 24 ALR 307 Health Insurance Commission v Grey [2002] FCAFC 130; 120 FCR 470 Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 Kutlu v Director of Professional Services Review [2011] FCAFC 94; 197 FCR 177 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597 National Home Doctor Service Pty Ltd v Director of Professional Services Review [2020] FCA 386; 276 FCR 338 National Home Doctor Service Pty Ltd v Director of Professional Services Review [2020] FCA 1016; 276 FCR 382 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 Plaintiff S157/2002 v Commonwealth [2003] HCA 2; 211 CLR 476 Forsyth C, "'The metaphysics of nullity' – Invalidity, conceptual reasoning and the rule of law" in Forsyth C and Hare I, The Golden Metwand and the Crooked Cord (OUP, 1998) p 141
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