High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ
Matter No S362/2008
CHEE KAN KENNETH WONG APPELLANT
AND
COMMONWEALTH OF AUSTRALIA & ANOR RESPONDENTS
Matter No S363/2008
ASHRAF THABIT SELIM APPELLANT
AND
VINAYAK (VINOO) LELE, PATRICK TAN AND
DAVID RIVETT CONSTITUTING THE PROFESSIONAL
SERVICES REVIEW COMMITTEE NO 309 & ORS RESPONDENTS
Wong v Commonwealth of Australia
Selim v Lele, Tan and Rivett constituting the Professional Services Review Committee No 309
[2009] HCA 3
2 February 2009
S362/2008 & S363/2008
ORDER
Matter No S362/2008
1. Appeal dismissed.
2. Appellant to pay the costs of the first respondent.
Matter No S363/2008
1. Appeal dismissed.
2. Appellant to pay the costs of the first, third and fourth respondents.
On appeal from the Federal Court of Australia
Representation
D F Jackson QC with M A Robinson and J Chambers for the appellant in both matters (instructed by TressCox Lawyers)
S J Gageler SC, Solicitor-General of the Commonwealth with R M Henderson and K M Richardson for the first respondent in S362/2008 and intervening on behalf of the Attorney-General of the Commonwealth in S363/2008 (instructed by Australian Government Solicitor)
Submitting appearances for the second respondent in both matters
R M Henderson for the first, third and fourth respondents in S363/2008 (instructed by Sparke Helmore)
P J Davis SC with G J D del Villar intervening on behalf of the Attorney-General of the State of Queensland in both matters (instructed by Crown Law (Qld))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Wong v Commonwealth of Australia
Selim v Lele, Tan and Rivett constituting the Professional Services Review Committee No 309
Constitutional law (Cth) – Legislative power – Constitution, s 51(xxiiiA) – Provision of medical and dental services (but not so as to authorize any form of civil conscription) – Meaning of "civil conscription".
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