Fernando v Medical Complaints Tribunal (No 2) [2003] TASSC 139 (22 December 2003)

[2003] TASSC 139

Appeal and New Trial – Appeal – General principles – Right of appeal – Nature of right – Appeals in the strict sense and appeals by way of rehearing – Appeals by way of rehearing – When rehearing does not involve hearing de novo – Nature of appeal from Medical Complaints Tribunal – Power to receive additional evidence.

Medical Practitioners Registration Act 1996 (Tas), ss61, 62.

In re Medical Act 1959 [1973] Tas SR 43; A v Law Society of Tasmania [2001] TASSC 55; (2001) 10 Tas R 152, referred to.

Aust Dig Appeal and New Trial [9]

Appeal and New Trial – Appeal – General principles – Admission of fresh evidence – In general – What evidence would ground successful appeal – Appeal from statutory disciplinary tribunal.

Medical Practitioners Registration Act 1996 (Tas), ss61, 62.

Wollongong Corporation v Cowan [1955] HCA 16; (1955) 93 CLR 435, followed.

Gallagher v R [1986] HCA 26; (1986) 160 CLR 392; Mickelberg v R [1989] HCA 35; (1989) 167 CLR 259, distinguished.

Aust Dig Appeal and New Trial [85]

Professions and Trades – Medical and related professions – Medical practitioners – Discipline and removal from and restoration to Register – Procedure, evidence and appeal – Tasmania – Appeal to Supreme Court – Nature of appeal – Further evidence.

Medical Practitioners Registration Act 1996 (Tas), ss61, 62.

In re Medical Act 1959 [1973] Tas SR 43; A v Law Society of Tasmania [2001] TASSC 55; (2001) 10 Tas R 152, referred to.

Aust Dig Professions and Trades [189]