Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee v Maskell-Knight [2004] FCAFC 2 ADMINISTRATIVE LAW – judicial review of a decision of the Professional Services Review Tribunal – medical practitioner – whether the Health Insurance Act 1973 (Cth) requires that a final determination under s 106T of that act be made by the same person as made the draft determination provided for in s 106S of the act rather than merely by the person holding the relevant office at the relevant time – whether the Tribunal's report disclosed an error of law as that report was allegedly based on an unlawful sampling technique - whether the Professional Services Review Committee denied to the medical practitioner natural justice when it allegedly made adverse findings against him in its final report not foreshadowed in a draft report provided to him to comment upon, where those adverse findings were accepted by the Tribunal. Health Insurance Act 1973 (Cth) s 86, s87, s88, s89, s 101, s 102, s106, s 114, s 115, s116, s 117, s 118, s 119, s 124A Judiciary Act 1903 (Cth) s 39B Yung v Adams (1997) 80 FCR 453 approved O'Reilly v Commissioners of the State Bank of Victoria (1983) 153 CLR 1 referred to Adams v Yung (1998) 83 FCR 248 distinguished Retnaraja v Morauta (1999) 56 ALD 187 referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 referred to Health Insurance Commission v Grey (2002) 120 FCR 170 referred to Traill v McRae (2002) 122 FCR 349 referred to DR IL-SONG LEE v CHARLES MASKELL-KNIGHT N552 OF 2003
HILL, MARSHALL & FINKELSTEIN JJ 7 APRIL 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N552 OF 2003
On appeal from the Professional Services Review Tribunal
BETWEEN: DR IL-SONG LEE
APPLICANT
AND: CHARLES MASKELL-KNIGHT
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