Children’s Health Queensland Hospital and Health Service v AT & Anor [2018] QSC 147
11-7-18 / Matthew Hickey
The application concerned a ten-month-old child who suffers from refractory epilepsy, a condition expected to worsen without emergency surgery being performed. The Hospital and Health Service applied, within the Court’s parens patriae jurisdiction, for orders permitting a hemispherotomy to be performed on the child, that being the standard surgery for…
Whether the learned primary judge erred in finding that the appellant had fallen into jurisdictional error, where the appellant had impermissibly imposed pre-conditions on the exercise of his statutory powers Bianca Kabel (with M Martin QC) appeared for the respondent/cross-appellant, instructed by Mills Oakley.
Bowyer Group Pty Ltd v Cook Shire Council [2018] QCA 159
6-7-18 / Roger Traves QC, Glenn Newton QC, Sean Russell — Appellate, Planning & Environment
Whether the holders of a rolling term lease for pastoral purposes under the Land Act 1994 are “owners” of the relevant land within the meaning of the Sustainable Planning Act 2009. Roger Traves QC (with P Djohan) appeared for the applicant, instructed by Origin Lawyers. Glenn Newton QC and Sean Russell…
Chibanda v Chief Executive, Queensland Health & Anor [2018] QSC 128
23-6-18 / Scott McLeod, Matthew Hickey — Judicial Review & Administrative
The applicant, a doctor, applied for judicial review several years after “decisions” effecting his employment and registration had been made, but in circumstances where (it was argued by the respondents) no proper explanation for the delay was offered. Justice Applegarth allowed separate strike out applications brought by the Chief Executive,…
22-6-18 / Matthew Hickey — Judicial Review & Administrative
The case concerned a medical practitioner who had admitted to unlawfully appropriating and self-administering Schedule 8 controlled drugs over a nine-month period. The parties had made joint submissions on the appropriate sanction but, after hearing them, the Tribunal departed from the agreed position and imposed a different sanction from that…
