2 September 2013 - Tabanas v Medical Board of Australia
 QCAT 522 Health practitioners – medical practitioners –
licences and registration – where the registrant held limited
registration for an area of need – where the registrant
applied for renewal of his registration – where the Board
refused to renew the registrant's registration – where
the registrant sought a stay of the Board's decision –
whether the Tribunal should stay the Board's decision to refuse
to renew the registrant's limited registration in an area of
20 September 2013 - Tabanas v Medical Board of Australia
(No 2)  QCAT 523
Health practitioner – medical practitioner – licences
and registration – where the Board refused to renew the
registrant's limited registration in an area of need –
where the registrant sought a review of the Board's decision
– where the registrant applied for a stay – where the
Tribunal granted a stay until a specified date – where the
registrant sought an extension of the stay beyond the specified
date – where the registrant sought a stay beyond the period
for which registration could be renewed – whether the
Tribunal should extend the stay of the Board's decision.
5 November 2013 - Tabanas v Medical Board of Australia
(No 3)  QCAT 524
Dr Tabanas migrated to Australia in 2008 and was granted what was
then "special purpose registration," enabling him to fill
an area of need in group general practice. His registration was
conditional upon him applying for general or specialist
registration within four continuous years of initial registration.
He failed to do this, having failed the required examinations on
six occasions. The Medical Board of Australia therefore refused to
renew his limited registration.
The Queensland Civil and Administrative Tribunal granted a stay
of the Board's decision to permit Dr Tabanas to sit
examinations he was already enrolled in, the successful completion
of which could assist his application for review of that decision.
Dr Tabanas failed those examinations and applied for a further stay
to pursue alternative pathways to full registration. This was
dismissed but the substantial proceedings were not.
Dr Tabanas argued in those proceedings that the most accurate
way to assess his competency was to examine his history, submitting
that he had practised for 20 years without complaint and other
medical practitioners and allied health professionals spoke highly
of his abilities.
Judge Horneman-Wren was not convinced, determining that a
non-injurious and complaint free practice period did not equate to
an adequate level of competence. Conversely, examinations set
measurable standards of competence and minimum necessary
requirements for the profession and "repeated failures to meet
those standard requirements provide a sound basis for concluding
that the person [cannot] demonstrate a sufficient level of
competence." The decision to refuse registration was therefore
New South Wales
8 November 2013 - Ary v Sydney South West Area
Health District  NSWIRComm 96 Appeal - Application for leave to appeal and appeal from
decision of Commissioner Tabbaa - Extension of time - Whether
appellant should be granted an extension of time in which to appeal
- Whether explanation for filing application was satisfactory -
Prospects of success on appeal - Extension refused.
1 November 2013 - Barr v Farrell  WASCA
Practice and procedure - Costs - Appeal against dismissal of
application by appellant for extension of time - Appeal allowed -
Whether order for costs against appellant at first instance should
be disturbed - Whether appellant entitled to costs of appeal -
Application by respondents under Suitors' Fund Act
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