Nowlan v Medical Board of Australia (No 2)

The case of Nowlan v Medical Board of Australia (No 2) involved the applicant, who was appealing against the Medical Board of Australia's decision to refuse registration as a medical practitioner. The dispute was heard in the Queensland Civil and Administrative Tribunal (QCAT). The applicant contested the Board's decision through various applications, including a request for a costs order against the Board and a demand that the Board's disclosure be verified by affidavit. Additionally, the applicant sought a specific constitution for the QCAT panel that would hear the appeal.

The central legal issues before the Tribunal were whether to grant the applicant's requests for a specific constitution of the QCAT panel, a costs order against the Board, and verification of the Board's disclosure by affidavit. The Tribunal also needed to decide whether to waive compliance with procedural requirements for the applications submitted by the applicant.

The Tribunal found that there were no exceptional circumstances that warranted a specific constitution of the QCAT panel, and therefore dismissed the applicant's request. Regarding the costs order, the Tribunal held that the applicant had not demonstrated that the Board acted unreasonably, improperly, or in bad faith. Thus, the application for a costs order against the Board was refused. The Tribunal also rejected the applicant's request for verification of the Board's disclosure by affidavit, as the applicant had not provided sufficient grounds for such a requirement. Finally, the Tribunal waived compliance with procedural requirements for the applications submitted by the applicant on 17 January 2020, as the late filings were deemed to be in the interests of justice.

In conclusion, the Tribunal dismissed the applicant's requests for a specific constitution of the QCAT panel, a costs order against the Board, and verification of the Board's disclosure by affidavit. It also waived compliance with procedural requirements for the applications submitted by the applicant on 17 January 2020. The Tribunal's decision upheld the Medical Board of Australia's refusal to register the applicant as a medical practitioner.