Case Review (Misfeasance in public office): Kitchen v Quinlivan (No 3)

PLAINTIFF: Dr David Kitchen, ophthalmologist, and his practice CQ Eye Pty Ltd

DEFENDANT: Julie Quinlivan, Director of Professional Services Review Agency (PSR). The PSR agency administers the PSR Scheme to investigate Medicare-referred cases of possible inappropriate practice relating to Medicare, the CDBS and the PBS. Most commonly, the PSR agency investigates doctors suspected of "inappropriate practice" – billing Medicare incorrectly or excessively.

CLAIM: Misfeasance in public office. Misfeasance in public office is an intentional common law tort occurring when a public officer abuses their authority, causing foreseeable loss, with either malice or reckless indifference. It requires proving the officer acted in bad faith, knowing they lacked power or were harming the plaintiff.