VIC Anshun estoppel is being used to dismiss Health Records Act claim that followed the Privacy Act claim, because they are too similar. VCAT s75.

[Jack_G]

Hi everyone!
Anshun estoppel precident is being used to dismiss Health Records Act claim that followed the Privacy Act claim, because they are too similar. VCAT s75 is in play.
How do I respond to this? I have some ideas:

1. I can show that the Health Records act is not the Privacy act and that Health information has more stringent rules.
2. I can show that Health Information has own specific paragraphs in the Privacy Policy of the Respondent's company and has more stringent rules.
3. I can argue that that self-represented litigant had no knowledge that he must bring Health Records claim into the same proceeding as Privacy.
4. I can argue that that self-represented litigant had no capacity at the time to bring Health Records claim into the Privacy proceeding because he already had multiple cases going against the respondent at that time.
5. Is there a case law of health records claim that followed the privacy act claim under the same circumstances?
6. Why is VCAT concerned about having potentially inconsistent decision about privacy and health acts?
7. What will the judge do at the Health Records Act case, when he will see erroneous facts in the Privacy case's reasons for decision. (My bet is that he will adopt the factual errors to avoid a scandal.)

any thoughts are appreciated

 

[Rod]

1. Not relevant.
2. Likely not relevant.
3. Not relevant. You are expected to know the law if bringing/counterclaiming.
4. ?? Doesn't make sense to me. I don't think you mean capacity (eg not legally competent)
5. Soz, don't know, but unlikely.
6. Without seeing VCAT's 'concern' I can't say.
7. No-one can fairly comment without facts.

You need legal help.