Watson v Australian Community Pharmacy Authority [2012] FCAFC 142

FEDERAL COURT OF AUSTRALIA

Watson v Australian Community Pharmacy Authority [2012] FCAFC 142 Citation: Watson v Australian Community Pharmacy Authority [2012] FCAFC 142

Appeal from: Watson v Australian Community Pharmacy Authority [2011] FCA 1121

Parties: CRAIG WATSON v AUSTRALIAN COMMUNITY PHARMACY AUTHORITY, PAUL MASON AND ROBERT BELE and THE SECRETARY OF THE DEPARTMENT OF HEALTH AND AGEING

File number: QUD 386 of 2011

Judges: LANDER, JESSUP AND FOSTER JJ

Date of judgment: 12 October 2012

Corrigendum: 18 October 2012

Catchwords: ADMINISTRATIVE LAW – appeal – appeal from a decision of the Court dismissing an application for judicial review under s 5(1)(h) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – second respondents made application under s 90 of the National Health Act 1953 (Cth) for approval to supply pharmaceutical benefits – application referred to Australian Community Pharmacy Authority for recommendation to the Secretary of the Department of Health and Ageing – application opposed by appellant – positive recommendation made – appellant sought judicial review of recommendation – consideration of the National Health (Australian Community Pharmacy Authority Rules) Determination 2006 – consideration of the requirement that an applicant had on the date of the application, and has on the date on which a recommendation is made, a legal right to occupy the proposed premises on which approval for supply of pharmaceutical benefits is sought – consideration of legislation empowering, and role and composition of, Australian Community Pharmacy Authority PRACTICE AND PROCEDURE – application to reopen appeal to amend notice of appeal – application to adduce further evidence for the purpose of remitting the proceeding for rehearing – hearing concluded and judgment reserved – relevant principles