Kitchen v Quinlivan (No 3) [2025] QSC 351 (19 December 2025) (Treston J) demonstrates the high cost of not giving a person natural justice! In this case Dr Kitchen was an ophthalmologist. Kitchen v Quinlivan (No 3) [2025] QSC 351 (Link to Queensland cases). With thanks to Rob Davis for drawing attention to this unusual matter.
Dr David Kitchen was an ophthalmologist of over 25 years standing when, in 2017, he became the subject of a review under the Health Insurance Act 1973 (Cth) (the Act), in. The Kitchen v Quinlivan judgment reveals a lack of transparency and accountability that enables "perverse, highhanded, and dishonest actions" to occur without consequence. The crux of Dr Kitchen's Supreme Court of Queensland case is that there was just a 17-minute window between Dr Kitchen's 96.
The current PSR Director, Professor Julie Quinlivan, is now facing a Supreme court challenge initiated by Dr Kitchen (pursuant to section 58 of the Civil Proceedings Act 2011 (Qld)) for damages, including exemplary damages for misfeasance in public office. She must respond with a defence by 3 September. What does all this mean?
Kitchen v Quinlivan (No 3) [2025] QSC 351 (Link to Queensland cases). With thanks to Rob Davis for drawing attention to this unusual matter. Dr David Kitchen was an ophthalmologist of over 25 years standing when, in 2017, he became the subject of a review under the Health Insurance Act 1973 (Cth) (the Act), in relation to his professional ophthalmological services which he carried out.
The PSR's investigation of Dr Kitchen was eventually struck down in February 2021 when the Federal Court quashed former PSR director Professor Julie Quinlivan's decision to establish a PSR committee. That blunder not only voided the committee's deliberations but also its very existence. Counting the costs Just over a week later, Dr Kitchen was successful in getting the Federal Court to suspend Professor Quinlivan's decision to disqualify him.
In an affidavit, he argued the effects on his more than 8,000 patients per year. That judgment found that the former PSR director, Julie Quinlivan, acted with reckless indifference and abused her power when she referred Dr Kitchen to a committee just 17 minutes after receiving.
