Coactive Management Pty Ltd v National E-Health Transition Authority Limited [2012] QCAT 682

CITATION: Coactive Management Pty Ltd v National E-Health Transition Authority Limited [2012] QCAT 682 PARTIES: Coactive Management Pty Ltd atf Coactive Trust v National E-Health Transition Authority Limited APPLICATION NUMBER: MCDO2143-12 MATTER TYPE: Other minor civil dispute matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Peta Stilgoe, Senior Member DELIVERED ON: 14 November 2012 DELIVERED AT: Brisbane ORDERS MADE: 1. National E-Health Transition Authority Limited has leave to appear at the hearing through an Australian legal practitioner. 2. The tribunal directs that: a) Coactive Management Pty Ltd atf Coactive Trust will file in the Tribunal one (1) copy and give to National E-Health Transition Authority Limited one copy of: i) Coactive Management Pty Ltd atf Coactive Trust’s statement of evidence, which must be page numbered; ii) the statement from each witness to give evidence for Coactive Management Pty Ltd atf Coactive Trust at the hearing including any experts: iii) Any documents referred to in a statement of evidence which must be identified, explained and attached to the appropriate witness statement, and; -- 1 of 4 -- 2 iv) In particular, evidence of hours worked and deliverables met, by 30 November 2012. b) National E-Health Transition Authority Limited will file in the Tribunal one (1) copy and give to the Coactive Management Pty Ltd atf Coactive Trust one copy of: i) National E-Health Transition Authority Limited’s statement of evidence, which must be page numbered; ii) the statement from each witness to give evidence for National E-Health Transition Authority Limited at the hearing including any experts and; iii) Any documents referred to in a statement of evidence which must be identified, explained and attached to the appropriate witness statement, by 25 January 2013. c) No party will be allowed to present any evidence at the hearing that is not contained in the statements without justifying the need for such additional evidence to the Tribunal. d) Unless the Tribunal otherwise orders all witnesses must attend the hearing in person for cross examination. Any application for a witness to attend the hearing by a remote means or by remote conferencing must be made 14 days before the hearing. e) The matter is listed for mediation at 9:30am on 4 February 2013. f) The matter is listed for hearing at 11:00am on 4 February 2013. CATCHWORDS: Leave for legal representation APPEARANCES and REPRESENTATION (if any): This matter was heard and determined on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009. -- 2 of 4 -- 3 REASONS FOR DECISION [1] National E-Health Transition Authority Limited (“NETA”) engaged Coactive Management Pty Ltd atf Coactive Trust to project manage; NETA’s resourcing requirements for NETA to meet PCEHR Standards deliverables; conduct an assessment and make recommendations on NETA’s resourcing requirements; and project manage and develop a project plan for the PCEHR Standards. The parties signed a detailed contract. [2] Coactive Management claims that it is owed over $28,000 pursuant to the contract. The documents filed with Coactive Management’s application to the tribunal are some centimetres thick. [3] NETA has applied for leave to be legally represented in the proceeding. It says that it is a publicly funded not-for-profit company limited by guarantee, whose members are the Commonwealth and each of Australia’s States and Territories. It says its role is to implement the introduction of e-health to Australia’s health care sector and that it is akin to a State agency within the meaning of s 43(3)(a) of the Queensland Civil and Administrative Tribunal Act 2009. It points out the volume of material and that a resolution of the dispute will require interpretation of the contract as reasons to grant leave. It says that Coactive Management alleges that the contract has been frustrated, which is a doctrine of some complexity. Coactive Management’s claim includes serious allegations of bullying and harassment. [4] Coactive Management objects to the grant of legal representation because it would be unjust for the public purse to fund a senior partner in a “large Sydney law firm” to act against an individual in the tribunal. Coactive Management says that it cannot afford legal representation and it would be unfair for anyone with a legal background to represent NETA. [5] It is clear from the material that this is a matter that involves complex questions of fact and law. [6] I accept that NETA is akin to, although not in fact, a State Agency. The resolution of this dispute involves the fate of public money and may have public policy implications. [7] NETA is a corporation which will have to appear by an agent or authorised officer. Rules 54 and 55 of the Queensland Civil and Administrative Tribunal Rules 2009 provides that a corporation may only appear through an Australian legal practitioner with the leave of the tribunal. It is appropriate that NETA be afforded the opportunity to appear through an Australian legal practitioner. [8] I am mindful of Coactive Management’s assertion that this will be unfair, as it cannot afford legal representation. Coactive Management was receiving legal advice until recently and it appears that it commenced this proceeding in light of that advice. Its representative, Ms Condon is an intelligent woman who undertook high level analyses as part of the contract in dispute. I am confident that she has the knowledge and capacity to present her case well. -- 3 of 4 -- 4 [9] In any event, there are two other reasons why I am not concerned about an imbalance of representation. Firstly, s 29 of the QCAT Act imposes an obligation on the tribunal to ensure that each party to the proceeding understands the practices and procedures of the tribunal, the nature of assertions made, and the legal implications of those assertions. [10] Secondly, by seeking the benefits that flow from being “akin” to a State agency, NETA must also accept the responsibilities. That is, it must act in accordance with the model litigant principles. [11] It is also appropriate that I make directions so that the tribunal can deal with this dispute in a way that is accessible, fair, just, economical and quick. I therefore direct: a) That Coactive Management Pty Ltd atf Coactive Trust will file in the Tribunal one (1) copy and give to National E-Health Transition Authority Limited one copy of: i) Coactive Management Pty Ltd atf Coactive Trust’s statement of evidence, which must be page numbered; ii) The statement from each witness to give evidence for Coactive Management Pty Ltd atf Coactive Trust at the hearing including any experts: iii) Any documents referred to in a statement of evidence which must be identified, explained and attached to the appropriate witness statement; and iv) In particular, evidence of hours worked and deliverables met, by 30 November 2012. b) National E-Health Transition Authority Limited will file in the Tribunal one (1) copy and give to the Coactive Management Pty Ltd atf Coactive Trust one copy of: i) National E-Health Transition Authority Limited’s statement of evidence, which must be page numbered; ii) The statement from each witness to give evidence for National E-Health Transition Authority Limited at the hearing including any experts; and iii) Any documents referred to in a statement of evidence which must be identified, explained and attached to the appropriate witness statement, by 25 January 2013. c) No party will be allowed to present any evidence at the hearing that is not contained in the statements without justifying the need for such additional evidence to the Tribunal. d) Unless the Tribunal otherwise orders all witnesses must attend the hearing in person for cross examination. Any application for a witness to attend the hearing by a remote means or by remote conferencing must be made 14 days before the hearing. e) The matter is listed for mediation at 9:30am on 4 February 2013. f) The matter is listed for hearing at 11:00am on 4 February 2013. -- 4 of 4 --