Oreb v Professional Services Review Committee No 298 [2004] FCA 1408

FEDERAL COURT OF AUSTRALIA

Oreb v Professional Services Review Committee No 298 [2004] FCA 1408

PRACTICE AND PROCEDURE – s78B Judiciary Act 1903 (Cth) – severance of matters– public interest legislation Constitution, s 51(xxiiiA) Judiciary Act 1903 (Cth), s 78B British Medical Association in Australia v Commonwealth of Australia (Pharmaceutical Benefits case (No 2)) (1949) 79 CLR 201 referred to Daniel v Health Insurance Commission (2003) 200 ALR 379 cited General Practitioners Society in Australia v Commonwealth of Australia (1980) 145 CLR 532 referred to Health Insurance Commission v Grey (2002) 120 FCR 470 referred to Kelly v Daniel [2004] FCAFC 14 cited Narain v Parnell (1986) 9 FCR 479 cited Tankey v Adams (2000) 104 FCR 152 cited ZELCO FRANCIS OREB vSIMON WILLCOCK, ELIZABETH MAGASSY and ROD MCMAHON constituting PROFESSIONAL SERVICES REVIEW COMMITTEE NO 298 ANDDETERMINING AUTHORITY established by s106Q Health Insurance Act 1973 (Cth) AND HEALTH INSURANCE COMMISSION AND ALAN JOHN HOLMES in his capacity as Director of Professional Services Review N1316 of 2002

JACOBSON J SYDNEY 28 OCTOBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1316 OF 2002

BETWEEN: ZELCO FRANCIS OREB Applicant

AND: SIMON WILLCOCK, ELIZABETH MAGASSY and ROD MCMAHON constituting PROFESSIONAL SERVICES REVIEW COMMITTEE NO 298 First Respondent DETERMINING AUTHORITY established by s106Q Health Insurance Act 1973 (Cth) Second Respondent HEALTH INSURANCE COMMISSION Third Respondent ALAN JOHN HOLMES in his capacity as Director of Professional Services Review

Fourth Respondent JUDGE: JACOBSON J