Health Care Complaints Commission v Kirby [2021] NSWCATOD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kirby [2021] NSWCATOD 113 Hearing dates: 23 July 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Occupational Division Before: The Hon J Boland AM, Deputy President Decision: 1. The hearing fixed for three days commencing on 23 August 2021 is vacated. 2. Mr G Billings must file and serve a notice of ceasing to act on or before 30 July 2021 in the event he no longer appears for David William Kirby. 3. David William Kirby is to give to the other party an Amended Reply by 3 September 2021. 4. David William Kirby is to give to the other party all material on which he seeks to rely by 3 September 2021. 5. Health Care Complaints Commission is to give to the other party material if any in reply by 1 October 2021. 6. Each party is to give to the Tribunal five copies of all material on which that party relies together with 4 USBs containing the material by 1 October 2021. 7. The matter is listed for hearing commencing on 15 November 2021 for three days and subject to the President's direction as an in person hearing. 8. David William Kirby is to notify the Health Care Complaints Commission and the Tribunal by 5pm on 26 July 2021 in the event he submits that there is a reason why the hearing dates cannot be maintained. 9. In the event there is non-compliance by David William Kirby with Orders 3 and 4 of these orders then David William Kirby is restrained from filing any material in the Tribunal without the leave of the Tribunal first being sought and obtained. Catchwords: HEALTH – Professional registration and discipline – Complaints – application for adjournment of hearing 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 Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) David William Kirby (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self-represented) File Number(s): 2018/00204556 Publication restriction: Nil