Freeman, J. v. McCubbery, W.M. & Ors [1985] FCA 69

Freeman, J. v. McCubbery, W.M. & Ors [1985] FCA 69

The Act does not require particulars of symptoms or disease for each patient before a Committee can decide that excessive services may have been rendered. The Committee may consider patterns or frequency of services in determining whether an inquiry should proceed and is not limited to individual patient particulars. The statutory procedures for notice and hearing are sufficient and constitute compliance with natural justice.

Parties
Applicant: Jack Freeman; Respondent: W. M. McCubbery; Respondent: M. A. McKenzie; Respondent: R. M. McLennan; Respondent: G. J. Royal
Jurisdiction
Australia
Judgment Date
05 March 1985
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Health Insurance Act Proceedings, Natural Justice, Procedural Requirements, Excessive Services Determination
Administrative Law Judicial Review Health Insurance Act Proceedings Natural Justice Procedural Requirements Excessive Services Determination

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Parties

Jack Freeman

Applicant

W. M. McCubbery

Respondent

M. A. McKenzie

Respondent

R. M. McLennan

Respondent

G. J. Royal

Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether insufficient particularity amounts to an error of law under the Health Insurance Act 1973
  2. 2 Whether the rules of natural justice apply to proceedings before a Medical Services Committee of Inquiry

Ratio Decidendi

The Act does not require particulars of symptoms or disease for each patient before a Committee can decide that excessive services may have been rendered. The Committee may consider patterns or frequency of services in determining whether an inquiry should proceed and is not limited to individual patient particulars. The statutory procedures for notice and hearing are sufficient and constitute compliance with natural justice.

Court Disposition

Application dismissed

Orders

  • Application dismissed with costs