The battle over Calvary Public Hospital is heading to the Supreme Court.

Court action has been launched over the ACT Government’s attempt to take over the hospital. 

In mid-May, the ACT said it would acquire the land and assets at the hospital’s site in the Canberra suburb of Bruce, and transfer staff to Canberra Health Services.

The government says it will build and run a new hospital at the existing Calvary site, allocating more than $1 billion for the proposed facility, which could be under construction in 2025.

This week, lawyers representing Calvary Health Care and the ACT Government will present arguments in the Supreme Court regarding the potential granting of an injunction to halt the compulsory acquisition of Calvary Public Hospital in Bruce. 

The full-day hearing comes as the acquisition process is scheduled to be finalised by July 3.

The application for the hearing was made by Calvary Health Care's representatives shortly after the Legislative Assembly passed the acquisition bill. 

However, the government's legal counsel argued that the application was premature since the legislation had not yet been enacted.

Chief Justice Lucy McCallum acknowledged the urgency of the matter but stated that she couldn't issue an order against something that didn't technically exist yet. 

The legislation is expected to be enacted tomorrow, after which submissions on the potential injunction will be heard on June 7.

In response to the legal proceedings, an ACT Government spokesperson confirmed that certain powers under the Act would not be exercised until the following week, allowing for continued planning and communication with the hospital staff.

Calvary Health Care expressed satisfaction with the government's decision to refrain from enacting those powers, stating that it made the injunction unnecessary until the final hearing date.

The legislation requires the government to develop a transition plan in collaboration with a nominated executive from Calvary. 

The Northside Hospital Transition Team emphasised the importance of cooperative decision-making and stressed that the intention was not to start the hospital from scratch but to transition the existing workforce smoothly.

While uncertainties persist regarding the potential injunction, the Transition Team says it has prepared contingency plans to ensure a seamless transition of critical elements, such as contracts and non-clinical ICT systems.

Following the acquisition, certain restrictions on care at Calvary Public Hospital Bruce will be lifted, allowing for expanded services. 

The government's decision to acquire Calvary Public Hospital has drawn criticism for its handling. 

Concerns have been raised by various organisations and politicians, including the Australian Medical Association, Australian Nursing and Midwifery Federation, and federal Labor MP David Smith.

Despite calls for intervention from federal Liberal politicians, there has been little support from the federal Labor ranks. 

The Health Minister has defended the decision, citing the breakdown of negotiations with Calvary Public Hospital as a driving factor and the need for continuity of service.

As the legal battle unfolds in the Supreme Court, the fate of Calvary Public Hospital's acquisition hangs in the balance, with the government remaining committed to assuming operations on July 3.