Bay v Australian Health Practitioner Regulation Agency & Ors

Case

[2023] HCASL 86


BAY

v

AUSTRALIAN HEALTH PRACTITIONER REGULATION AGENCY & ORS

[2023] HCASL 86
B13/2023

  1. The applicant seeks removal to this Court pursuant to s 40 of the Judiciary Act 1903 (Cth) of the whole of a proceeding now pending in the Supreme Court of Queensland, namely an application by the first and second respondents for summary dismissal of the applicant's application for judicial review of a decision by the second respondent on 17 August 2022 to take "immediate action" under s 156 of the Health Practitioner Regulation National Law (Qld) by suspending the applicant's registration as a health practitioner.

  2. The application does not identify any basis to justify interference with the processes of the Supreme Court of Queensland. There is no identified urgency and, by granting removal, this Court would be deprived of the benefit of the reasoning of the Supreme Court of Queensland. In the circumstances, including the interests of the parties and the public interest, the Court is not persuaded that it is appropriate to make the order sought.

  3. Pursuant to r 26.07 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

M.M Gordon S.H.P Steward
7 June 2023
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High Court Bulletin [2023] HCAB 5

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High Court Bulletin [2023] HCAB 8
High Court Bulletin [2023] HCAB 5
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