Federal Court of Australia
CATCHWORDS ADMINISTRATIVE LAW - Australian Community Pharmacy Authority - approval for relocation of pharmacy - delay in making decision as to recommendation - whether reasonable National Health Act 1953 (Cth): s 90 Thornton v Repatriation Commission (1981) 35 ALR 485 Alan Rogers & Ors v Australian Community Pharmacy Authority (No. QG 70 of 1996) Judge: Heerey J Date: 2 August 1996 Place: Brisbane
IN THE FEDERAL COURT OF AUSTRALIA) ) QUEENSLAND DISTRICT REGISTRY ) No. QG 70 of 1996 ) GENERAL DIVISION ) B E T W E E N: ALAN ROGERS ANTHONY PROUT DAVID KENNEDY CLARE FRANCES ROGERS Applicants - and - AUSTRALIAN COMMUNITY PHARMACY AUTHORITY Respondent JUDGE: Heerey J DATE: 2 August 1996 PLACE: Brisbane MINUTES OF ORDER The Court orders that: 1. The application is dismissed with costs, including reserved costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA) ) QUEENSLAND DISTRICT REGISTRY ) No. QG 70 of 1996 ) GENERAL DIVISION ) B E T W E E N: ALAN ROGERS ANTHONY PROUT DAVID KENNEDY CLARE FRANCES ROGERS Applicants - and - AUSTRALIAN COMMUNITY PHARMACY AUTHORITY Respondent JUDGE: Heerey J DATE: 2 August 1996 PLACE: Brisbane REASONS FOR JUDGMENT This application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) seeks review of what is said to be the failure of the Australian Community Pharmacy Authority (the Authority) to make a decision to recommend to the Secretary, Department of Health and Family Services (the Department) an application by the first three applicants for approval for the relocation of a pharmacy to premises at the corner of Moggill Road and Marshall Lane, Kenmore. There was also a linked application by the fourth applicant to relocate her pharmacy to the premises which will be vacated by the first three applicants if their application to the Secretary is successful. For convenience I use the term "applicants" as meaning, unless the context otherwise indicates, the first three applicants.
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