Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dimian v Health Insurance Commission [2004] FCA 1615 ADMINISTRATIVE LAW - Professional Services Review Scheme - whether a medical practitioner has engaged in "inappropriate practice" in connection with the rendering or initiation of services for which Medicare benefits are payable – s 92 Agreement – obligation on Committee to provide draft report: s106KD – procedural fairness. Administrative Decisions (Judicial Review) Act 1977 (Cth) – ss 5, 6, 11(1)(c), 11(3) Health Insurance Act 1973 (Cth) Part VAA, ss 82, 88(2), 89B, 91, 92, 93, 93(1), 106KD Health Insurance (Professional Services Review) Regulations 1999 (Cth) – Regs 10, 11 Judiciary Act 1903 (Cth) - s 39B(1A) Browne v Dunn(1893) 6 R 67 referred to Commissioner for ACT Revenue v Alphaone Pty Limited (1993) 49 FCR 576 referred to Daniel v Kelly (2003) 200 ALR 379 referred to Mahon v Air New Zealand [1984] 1 AC 808 distinguished Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Muin v Refugee Review Tribunal (2001) 190 ALR 601 referred to Oreb v Willcock [2004] FCA 1520 referred to R v Vaccine Damage Tribunal; Ex parte Loveday, Times Law Report 10 November 1884; (1985) 59 ALJ 176 distinguished Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002 (2003) 201 ALR 437 referred to Re Refugee Tribunal; Ex parte Aala (2000)204 CLR 82 referred to
JRS Forbes Justice in Tribunals (2002) Federation Press, Sydney
RIFAAT GEORGE DIMIAN v HEALTH INSURANCE COMMISSION AND ALAN JOHN HOLMES AND BERNARD KELLY, GEOFFREY DOWE AND MOHAMED KEHILA AND THE DETERMINING AUTHORITY N 111 of 2004 JACOBSON J SYDNEY 8 DECEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 111 of 2004
BETWEEN: RIFAAT GEORGE DIMIAN
APPLICANT
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