Affinity Care Services Pty Ltd as Trustee for the Balmerino Australia Trust v National Disability Insurance Agency

Affinity Care Services Pty Ltd as Trustee for the Balmerino Australia Trust applied to the Federal Court of Australia seeking judicial review of decisions made by the National Disability Insurance Agency (NDIA). The applicant, an unregistered provider of disability services, sought relief in respect of the NDIA's failure to make payments under the National Disability Insurance Scheme Act 2013 (Cth) and its request for information to support the applicant's payment claims. Additionally, the applicant sought restitutionary relief on a quantum meruit basis for the services provided to participants under the National Disability Insurance Scheme Act 2013 (Cth).

The court considered three principal issues: whether the applicant was entitled to restitutionary relief on a quantum meruit basis, whether the NDIA's decision to freeze or withhold funds was lawful, and whether the NDIA's decision to issue a request for information was a lawful decision. The court found that the applicant's claim for restitutionary relief was misconceived as the NDIA did not retain the benefit of the applicant's services or funds to which the applicant was entitled. Additionally, the court found that there was no decision to freeze or withhold funds and the NDIA was empowered to issue the request for information. Consequently, the applicant was not entitled to the relief sought.

The Federal Court dismissed the application and ordered the applicant to pay the respondent's costs, to be agreed or, failing agreement, to be taxed.