| Date | Activity |
|---|
| 29 July |
Dr Anthony JOSEPH, New South Wales-The Federal Court dismissed an application by Dr Joseph challenging the final determination of the Determining Authority and also held that the Committee had correctly tested whether his conduct would be unacceptable to the general body of medical practitioners. |
| 2 August |
Dr John William MATHEWS, New South Wales-The Federal Court dismissed a motion by Dr Mathews for an order for discovery. |
| 22 August |
Dr Warren John SAINT, Western Australia-Dr Saint had sought discovery of a large number of documents from PSR and the committee. The Court ordered discovery only of documents of an evidentiary nature; discovery of all other documents
was refused. |
| 7 September |
Dr Peter Thomas TISDALL, Victoria-The Full Court of the Federal Court dismissed an application by Dr Tisdall challenging the decision of the PSR Tribunal. |
| 16 September |
Dr Rifaat DIMIAN, New South Wales-The Full Court of the Federal Court dismissed Dr Dimian's appeal that the Director failed to offer a Section 92 agreement. |
| 16 September |
Dr Zelko OREB, New South Wales-The Full Court of the Federal Court dismissed
an appeal by Dr Oreb that the Director failed to offer a Section 92 agreement.
The Court also dismissed a cross appeal by the Director on the issue of
'exceptional circumstances'. |
| 16 September |
Dr Donald HATCHER, Queensland-The Full Court of the Federal Court confirmed an earlier decision that the committee had wrongly had regard to legally irrelevant practice management issues. The Court ordered that Dr Hatcher's case be sent back to the original committee for reconsideration. |
| 16 September |
Dr Il Song LEE, New South Wales (two cases)-The Full Court of the Federal Court upheld the earlier decision by a single judge that the committee had wrongly focused on whether 'exceptional circumstances' existed in a general sense, and in particular, that practice management issues were not relevant. Dr Lee's cases were sent back to the committees to be heard again. |
| 29 September |
Dr Peter Thomas TISDALL, Victoria-The Full Court of the Federal Court ordered
Dr Tisdall pay all the costs of the PSR in his unsuccessful appeal decided on
7 September 2005. |
| 13 December |
Dr Peter Thomas TISDALL, Victoria-Dr Tisdall withdrew his application to the
High Court for special leave to appeal an earlier decision by the Full Court of the Federal Court. As a result the PSR Tribunal's Determination came into effect on
15 December 2005. |
| 16 December |
Dr Donald HATCHER, Queensland-The Full Court of the Federal Court ordered PSR to pay 90 per cent of Dr Hatcher's costs following the decision of 16 September 2005. |
| 6 February |
Dr John Warren PIESSE, Victoria-Dr Piesse sought an adjournment to allow him more time to present his case on seeking a copy of the transcript, procedural fairness and constitutional validity. The Federal Court refused to grant an adjournment. Dr Piesse withdrew his applications. The Final Determination
took effect on 13 March 2006. |
| 23 February |
Dr Ashraf SELIM, New South Wales-The Federal Court dismissed Dr Selim's claim that the PSR scheme contravened the ban on civil conscription contained in Section 51 of the Australian Constitution. |
| 1 March |
First meeting of the Steering Committee of the Review of the Professional Services Review Scheme. |
| 10 March |
Dr John William MATHEWS, New South Wales-The Federal Court held that the committee had not complied with the sampling guidelines and its findings were invalid. The Court ordered that Dr Mathews' case be sent back to a new committee to be heard again. |
| 18 May |
Dr Ameen Ahmed BHAM, Western Australia-The Federal Court refused Dr Bham permission to amend his application to review the Determination of 13 January 2005 because the amending application was well out of time. |