Romeo & Anor v Asher

The applicants, Dr Natale Romeo and Dr Luigi, sought special leave to appeal to the High Court of Australia against a decision concerning proceedings before a Medical Services Committee. The respondents were Dr Joan Asher, Dr Godfrey Douglas, Dr John Campbell, and Dr Ken Rawle, who constituted the committee. The core of the dispute involved allegations of excessive medical services, with a significant number of patients and services under scrutiny.

The central legal issue before the High Court was whether, in an inquisitorial proceeding such as one before a Medical Services Committee, parties accused of misconduct are entitled to receive specific particulars of the matters alleged against them, particularly at the commencement of the proceedings when such particulars are not initially provided. This question was framed as a significant issue of administrative law concerning procedural fairness or natural justice.

The applicants argued that the demands of natural justice, as established in cases like *Mahon* and *Annetts v McCann*, generally require that parties be informed of the specific allegations against them. They contended that in this instance, the committee's initial notification, which broadly indicated an inquiry into 1032 services without detailing the specific issues for each service, was insufficient. This lack of specificity, they submitted, could lead to substantial costs and difficulties for the accused parties in preparing their defence, as they might theoretically have to address thousands of potential issues. The applicants sought to establish that there is a point in such proceedings where the provision of particulars becomes a matter of right.