Legal cases
Cases
Dr Kenneth Wong
General practitioner
Merrylands, NSW
The (then) Health Insurance Commission referred Dr Wong on 10 May 2001 because it was concerned about his rendered services and daily servicing between 1 July 2000 and 30 June 2001. A Committee reported that Dr Wong had engaged in inappropriate practice, largely because he failed to provide adequate clinical input and/or provided services that were not clinically necessary.
On 11 February 2004, Dr Wong appealed to the Federal Court, alleging that the Director had failed to offer an agreement to him under section 92. On 3 December 2004, Jacobson J made a consent order that the outcome turn solely on the result of the appeal in Oreb v Willcock, which was dismissed on 16 September 2005. The non-constitutional aspects of Wong were accordingly then dismissed.67
On 3 May 2006 Dr Wong (with Dr Rifaat Dimian) filed a Writ of Summons in the High Court claiming that various provisions of the Health Insurance Act 1973 were not within the Commonwealth’s powers under the Constitution.68 The High Court remitted this case to the Federal Court, and the Full Court decided to consider the cases of Doctors Selim, Dimian and Wong together.
On 27 February 2008 the Full Court dismissed the constitutional appeals,69 and on 28 March 2008 Dr Wong (with Dr Selim) sought special leave to appeal to the High Court.70
- 67 PSR Annual Report 2005–06 pp. 47–48
- 68 For details see notes re Dr Dimian’s case pp. 47 of this Annual Report
- 69 Selim v Lele [2008] FCAFC 13; pp. 45 of this Annual Report
- 70 See note 54