Health Care Complaints Commission v Mooney [2021] NSWCATOD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mooney [2021] NSWCATOD 15 Hearing dates: 29 January 2021 Date of orders: 1 February 2021 Decision date: 01 February 2021 Jurisdiction: Occupational Division Before: Boland AM ADCJ, Deputy President Decision: 1. The hearing fixed for 22-26 February 2021 is vacated. 2. The costs of the hearing thrown away are reserved to the substantive proceedings. 3. The proceedings are listed for directions to fix new hearing dates on 26 February 2021 at 11.30am. Catchwords: HEALTH – Professional registration and discipline – complaints – application to vacate hearing dates Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Texts Cited: Nil Category: Procedural rulings Parties: Dr William Mooney (Applicant for adjournment) Health Care Complaints Commission (Respondent) Representation: Counsel: C Jackson (Applicant for adjournment) S Maybury (Respondent)

Solicitors: Avant Law Pty Ltd (Applicant for adjournment) Health Care Complaints Commission (Respondent) File Number(s): 2019/00294814 2019/00400872 Publication restriction: Nil

ex-tempore REASONS FOR DECISION

Introduction 1. These reasons are in respect of an application filed on behalf of Dr William Mooney (the practitioner) on 28 January 2021. The practitioner seeks an order that the hearing listed for 22 to 26 February 2021 be vacated. 2. The hearing is an inquiry into two complaints lodged by the Heath Care Complaints Commission (HCCC) on 20 September 2019 and 20 December 2019 respectively, against the practitioner. The first complaint makes allegations of unsatisfactory professional conduct and professional misconduct in respect of the practitioner's treatment of a patient, identified in the complaint as Patient B. Patient B died following the surgery performed by the practitioner. 3. The application to vacate the hearing is opposed by the HCCC.