Karalis, Lewi & Anor v The Australian Community Pharmacy Authority & Ors [1998] FCA 1735

FEDERAL COURT OF AUSTRALIA HEALTH LAW Ð supply of pharmaceutical benefits Ð application for approval of relocation of pharmacistÕs existing premises Ð interpretation of rules governing applications for relocation - whether proposed premises situated not more than one kilometre, measured door to door by the Òshortest lawful access routeÓ from the existing premises Ð consideration of survey evidence ADMINISTRATIVE LAW - judicial review Ð pharmaceutical benefits Ð decision of The Australian Community Pharmacy Authority (Òthe AuthorityÓ) Ð whether decision was not authorised by the enactment in pursuance of which it was made Ð whether the AuthorityÕs power to make a recommendation of approval is contingent on the existence of an objective fact or the AuthorityÕs subjective opinion WORDS AND PHRASES Ð Òshortest lawful access routeÓ Administrative Decisions (Judicial Review) Act 1977 (Cth): s 5(1)(d) National Health Act 1953 (Cth): s 90(3), s 99K Attorney‑General for the Northern Territory v Minister for Aboriginal Affairs (1989) 23 FCR 536 - applied Australian Heritage Commission v Mount Isa Mines Limited (1995) 60 FCR 456 - considered Pharmacy Guild of Australia v Australian Community Pharmacy Authority (1996) 70 FCR 462 Ð considered and applied Australian Community Pharmacy Authority v Hanna (1997) 24 AAR 213 Ð considered and applied Banias v Australian Community Pharmacy Authority (unreported, Sundberg J, 18 July 1997) Ð considered and applied Big Country Developments Pty Limited v Australian Community Pharmacy Authority (1995) 60 FCR 85 - considered LEWI KARALIS & ANOR v THE AUSTRALIAN COMMUNITY PHARMACY AUTHORITY & ORS VG 460 of 1998 GOLDBERG J MELBOURNE 22 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 460 of 1998

BETWEEN: LEWI KARALIS