Lucire v Health Care Complaints Commission [2011] NSWCA 99

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lucire v Health Care Complaints Commission [2011] NSWCA 99 Hearing dates: 29 and 30 March 2011 Decision date: 20 April 2011 Before: McColl JA at 1, Basten JA at 2, Sackville AJA at 155 Decision: (1) Allow the appeal in part and set aside the orders made by the Tribunal on 27 August 2010. (2) Otherwise dismiss the appeal so far as it challenges the findings of the Tribunal. (3) Dismiss the cross-appeal. (4) Direct that: (a) within 14 days of the date of these orders - (i) each party file and serve any documentary material it wishes to rely upon in respect of orders in lieu of those set aside; (ii) the Commission file and serve a statement of the orders it seeks; (iii) each party file and serve submissions as to the costs in this Court; (b) within 21 days after delivery of these reasons, the Commission is to provide written submissions in support of the orders proposed; (c) within 28 days of the date of these reasons, the practitioner is to provide written submissions in response to the Commission's submissions (d) approximately 4 weeks after the delivery of these reasons (on a date to be settled with the Associate for Basten JA) - (i) there be a directions hearing before Basten JA; (ii) each party to advise the Court at the hearing whether it wishes to cross-examine any identified witness and make oral submissions; (iii) the practitioner provide (if she wishes) any alternative proposed orders; (iv) if a further oral hearing is proposed, the basis upon which it is sought. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - appeal against a decision of the Medical Tribunal with respect to a point of law - Health Practitioner Regulation National Law (NSW), s 162