FEDERAL COURT OF AUSTRALIA

Shahid v The Australasian College of Dermatologists [2007] FCA 693

SUMMARY

KIRAN RUBINA SHAHID v THE AUSTRALASIAN COLLEGE OF DERMATOLOGISTS (ACN 000 551 824)

WAD 53 OF 2004

NICHOLSON J

11 MAY 2007

PERTH

SUMMARY

In accordance with the practice of the Federal Court in some cases of public interest, importance or complexity, the following summary has been prepared to accompany the announcement of reasons.  This summary is intended to assist in understanding the outcome of this proceeding and is not a complete statement of the conclusions reached by the Court.  The only authoritative statement of the Court’s reasons is that contained in the published reasons for judgment which will be available on the internet at www.fedcourt.gov.au together with this summary. 

The parties

The applicant is a medical practitioner who has sought to be appointed to the only position of Trainee Registrar in Dermatology available in Western Australia.  She applied for appointment in each of the years from 2000-2004 inclusive for a position in the following year.  She was not successful in any of those years.  She has appealed the outcome of the selection in 2002, 2003 and 2004.  None of those appeals has yet been determined. 

The respondent is the Australasian College of Dermatologists (the College) of which most dermatologists are Fellows.

THE TRADE PRACTICES CLAIMS

The applicant’s claims were brought in reliance upon the Trade Practices Act 1974 (Cth) (the TPA) and the Fair Trading Act 1987 (WA) (the FTA).  In particular she relies on provisions in that legislation proscribing misleading or deceptive conduct or conduct likely to have that effect. 

Application of the TPA and the FTA

Before the applicant’s claims under the TPA could be considered, two preliminary legal questions arose.  The first was whether the College is a trading corporation.  The Court has answered that affirmatively.  The second was whether, in relation to the conduct of which the applicant complains, the College engaged in trade and commerce.  The Court has answered that negatively.  Although this latter decision would preclude the applicant succeeding under the TPA and the FTA, the Court’s reasons have nevertheless continued to examine the other issues raised by her. 

Claims concerning the selection processes

In relation to the selection processes for the position of Trainee Registrar in Dermatology the applicant alleges that she was misled by an information meeting; by training handbooks; by feedback sessions; and by statements in the course of the selection process. 

In relation to the representations concerning the selection process, the Court has found that in most cases the representations were not misleading or deceptive.  An exception is in relation to the maintenance of the records of the College. 

Claims concerning the appellate process

In relation to the appellate process, the applicant alleges she was misled by statements in the training handbooks as to the timeliness and effectiveness of the appellate process. 

In relation to the representations concerning the College’s appellate process, the Court has found that the representation as to the timeliness and effectiveness of the appellate process and the maintenance of records could have been misleading or deceptive if the College’s conduct in that respect had been in trade or commerce. 

BREACH OF CONTRACT CLAIMS

Additionally, in reliance on the law of contract, the applicant alleges that when she lodged her appeals with the College there was an intention to create legal relationships.  Therefore she has pleaded that there was a breach of contract in various ways relating to her appeals. 

The Court rejected the contention that the lodging of an appeal by the applicant was a circumstance in which there was an intention to create contractual relationships.  It therefore rejected any liability based on breach of contract. 

CONCLUSION

In the light of these findings, the Court was not prepared to grant to the applicant any declaratory, injunctive or monetary relief which she had sought. 

Accordingly, the application was dismissed.