Dr Andrew Katelaris v Medical Tribunal of New South Wales

Dr Andrew Katelaris sought judicial review of a decision made by the Medical Tribunal of New South Wales. The dispute concerned disciplinary proceedings against Dr Katelaris, which had resulted in findings of professional misconduct and the imposition of conditions on his medical registration. The proceedings were brought before the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the Tribunal had erred in its findings of professional misconduct and in the sanctions it imposed. This involved an examination of the evidence presented to the Tribunal and the application of the relevant provisions of the *Medical Practice Act 1992* (NSW), specifically sections 90(1)(a) and (b) and section 92, which deal with the grounds for finding professional misconduct and the powers of the Tribunal. The Court also considered procedural aspects related to the appeal itself.

The Court of Appeal, in its preliminary orders, recognised the need for the NSW Medical Board to be formally joined as a party to the proceedings, granting them leave to file a notice of motion to strike out the appeal. The Court then adjourned the hearing of the Medical Board's motion and Dr Katelaris's motion to amend his appeal. Crucially, the Court directed the Registrar to seek pro bono assistance for Dr Katelaris from the NSW Bar Association, either as a representative or as an amicus curiae, indicating a recognition of the complexity or significance of the case and a desire to ensure fair representation. The costs of the hearing were reserved to be determined as part of the overall appeal.