In Price v Friebe & Ors [2024] QSC 157, delivered by Judge Kelly on 26 July 2024, the Supreme Court of Queensland addressed allegations made by Dr. Christopher Joseph Price against multiple defendants, namely obstetricians at North West Private Hospital, concerning restrictive trade practices and unconscionable conduct stemming from the creation of a new on-call roster group. Dr. Price claimed that he was excluded from this arrangement, which he argued operated as a cartel under the Competition and Consumer Act 2010 (Cth). However, the court found that the defendants did not engage in cartel conduct, as the alleged arrangement to exclude Dr. Price did not possess the necessary purpose of restricting competition and was instead aimed at establishing a cooperative roster in which Dr. Price was not a suitable participant due to previous animosities and lack of collegial trust. The court ruled in favour of the defendants, affirming the legality of their actions and their decision not to incorporate Dr. Price into the new group. Furthermore, it was concluded that Dr. Price’s cessation of obstetric practice was not directly caused by the defendants’ conduct, but rather by his personal preference and the unwillingness to accept cover arrangements outside a reciprocal roster context.
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