Health Alert (Australia) - May 19, 2014


In This Issue:

Judgments, Legislation, and Reports.

- Excerpt from Judgments: Commonwealth -

13 May 2014 - Sklavos v Australasian College of Dermatologists [2014] FCA 476 -

This was a Federal Court interlocutory application to set aside subpoenas requesting income details and tax returns from 11 specialist dermatologists at various stages of their careers.

The subpoenas were issued in relation to proceedings brought by a medical practitioner against the Australasian College of Dermatologists. The practitioner alleges that the College engaged in unlawful conduct by refusing to admit him as a Fellow and specialist dermatologist. He claims he suffered economic loss as a result. The subpoenas were issued in an attempt to obtain evidence showing his earning capacity as a Fellow and specialist dermatologist compared to his earning capacity as a Trainee and/or general practitioner.

The applicants argued that the subpoenas should be set aside because the documents are highly confidential, disclosing their private and personal affairs. They also submitted the documents could only have a marginal and speculative relevance to issues in the proceedings.

The Court dismissed the application, allowing the subpoenas.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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