Bar-Mordecai v Medical Council of NSW [2014] NSWCATOD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bar-Mordecai v Medical Council of NSW [2014] NSWCATOD 158 Hearing dates: 8 December 2014 Decision date: 08 December 2014 Jurisdiction: Occupational Division Before: J Boland AM ADCJ Decision: 1.The application that Boland AM ADCJ be disqualified from further participation in these proceedings is dismissed. 2.Directions made for filing and serving of documents for the substantive hearing. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 (NSW) – Where applicant seeks that the List Manager, Health Practitioner Division List recuse herself from the proceedings because of apprehended or actual bias. Where Medical Council has been granted leave to appear – appropriate future conduct of proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Coroner's Act 2009 (NSW) Health Practitioner Regulation National Law Cases Cited: Batey-Eldon v Batey Eldon [2010] FamCAFC 79 British American Tobacco v Laurie [2011] HCA 2 Re: Baby D (No 2) FamCA 176 Re:Jamie [2012] FamCAFC 8 Re United States Tobacco Company and Australian Federation of Consumer Organizations v the Minister of Consumer Affairs; the Trade Practices Commission and Australian Federation of Consumer Organizations [1988] FCA 317 Texts Cited: Australian Health and Medical Law Reporter (CCH) Category: Principal judgment Parties: Michael Bar-Mordecai (Applicant) Medical Council of NSW (a party to whom leave has been granted to appear Representation: Counsel: P Lowson (Respondent)