Medical Council of New South Wales v Mooney

[2024] NSWCA 180

NSW Court of Appeal

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Interrogate

Catchwords

1. Professions and Trades
2. › Medical practitioners
3. › Reinstatement of registration
4. › Application for reinstatement order after cancellation for professional misconduct
5. › Whether NCAT erred in evaluation of evidence bearing on fitness
6. › Whether misleading conduct post-deregistration precluded reinstatement
7. › Whether NCAT applied correct test and onus of proof
8. › Health Practitioner Regulation National Law (NSW), ss 149E, 163A, 163B, 163C
1. Appeal
2. › Appeal from NCAT to Court of Appeal
3. › Appeal as of right confined to questions of law
4. › Whether notice of appeal identified questions of law
5. › Whether leave to appeal required
6. › Civil and Administrative Tribunal Act 2013 (NSW), Sch 5, cl 29

Quick Take

Notices of appeal in appeals as of right must clearly identify questions of law, and must comply with tribunal directions rather than appealing prematurely from bifurcated proceedings.