Federal Court of Australia
JUDGMENT No, wm O2tat tt. CATCHWORDS
ADMINISTRATIVE LAW - judicial review - Minister empowered to
determine guidelines under National Health Act 1953 (Cth) which Pharmacy Restructuring Authority required to comply with
- guidelines determined requiring mandatory compliance by Authority - whether guidelines ultra vires.
HEALTH LAW - pharmaceutical benefits - application for approval of pharmacist to supply pharmaceutical benefits from premises - whether applicant satisfied requirements of
guideline 3(£) when approval of other pharmacist in respect of the same premises had been cancelled more than one month prior to the application.
Norbis v Norbis (1985-86) 161 CLR 513; discussed. Riddell v Riddell (1993) 42 FCR 443; distinguished.
"guideline"
National Health Act 1953 (Cth): Part VII, ss.90, 99K, 99L
GARY IAN SMOKER v
No NG278 of 1994
WILCOX, BURCHETT & HILL JJ SYDNEY 17 NOVEMBER 1994
17 NOV 1994
FEDERAL COURT OF AU
STRALIA PRINCIPAL REGISTAY
No NG278 of 1994
ee ee ewe
BETWEEN : GARY IAN SMOKER Applicant
AND: THE __ PHARMACY__ RESTRUCTURING AUTHORITY
First Respondent
COMMONWEALTH OF AUSTRALIA
Second Respondent
THE SECRETARY to the DEPARTMENT OF HEALTH
Third Respondent
CORAM: WILCOX, BURCHETT & HILL JJ PLACE: SYDNEY DATED: 17 NOVEMBER 1994
MINUTES OF ORDER
THE COURT ORDERS THAT:
(1) Application dismissed.
(2) Applicant to pay respondents' costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
FEDERAL RT AUSTRALIA
) NEW SOUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION )
No. NG 278 of 1994
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: GARY IAN SMOKER Applicant
AND: THE PHARMACY RESTRUCTURING AUTHORITY
First Respondent
COMMONWEALTH OF AUSTRALIA
Second Respondent
THE SECRETARY to the DEPARTMENT OF HEALTH
Third Respondent
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