Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11:

1. The Health Care Complaints Commission (HCCC or the Commission) succeeded on the complaints with which it persisted at Stage One of this matter, and the Tribunal made the orders that it sought: Health Care Complaints Commission v Milanovic [2024] NSWCATOD 188.

2. In its Reasons, published on 29 November 2024, the Tribunal reserved the question of costs, as the parties had agreed we should, and directed that they make written submissions on the question, with a view to its being determined "on the papers" if agreement could not be reached.

3. They having not reached any agreement on costs, both sides have now made comprehensive written submissions.

4. The HCCC seeks an order for its costs in relation to the complaints with which it persisted (having withdrawn numbers Two and Four), and the Respondent seeks (1) an order for "costs thrown away as a result of the late amendment" (our emphasis) of the Complaint filed against her, and/or (2) an order that the HCCC's entitlement to costs in respect of that amendment be substantially reduced, and (3) the costs of her application for costs.

5. The Respondent, in fact, surrendered her registration voluntarily in August 2024, and left the jurisdiction, before the Stage 1 hearing. She was unsuccessful in her application to have the proceedings terminated (see Reasons at [17]-[22]), and the Tribunal concluded that, if she were still registered, her registration would be cancelled, and she would be disqualified for one year from being re-registered or from having its decision reviewed.

6. It should be noted that these disciplinary proceedings followed a successful criminal prosecution of the Respondent, and a Medicare Participation Review of her entitlements to claim Medicare Benefits. At [18] of our Reasons, we noted that each of those three processes serves "a discrete public purpose, and each takes place in a different context" (see also [22] of those Reasons).

7. The question of costs of Tribunal proceedings falls to be determined by the legally qualified presiding Member of the Panel, sitting alone: Health Care Complaints Commission v Metelerkamp (No 2) [2018] NSWCATOD 66.

Evidence on Costs

8. The HCCC filed no (additional) evidence to be considered on the question of costs, but the Respondent relies, for its arguments on costs, on an affidavit from her solicitor, Sara Wallace, affirmed on 6 February 2025.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19757c6121fb91c4413b7dba)

Disclaimer: Curated by HT Syndication.