Commonwealth of Australia v Horsfall [2010] FCA 443

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Horsfall [2010] FCA 443 Citation: Commonwealth of Australia v Horsfall [2010] FCA 443

Appeal from: Horsfall and Australian Community Pharmacy and Anor [2009] AATA 811

Parties: COMMONWEALTH OF AUSTRALIA v SIMON HORSFALL, KATHLEEN HORSFALL, PAMELA CARTER and SECRETARY OF THE DEPARTMENT OF HEALTH AND AGEING

File number: NSD 1319 of 2009

Judge: KATZMANN J

Date of judgment: 7 May 2010

Corrigendum: 12 October 2010

Catchwords: ADMINISTRATIVE LAW ––Administrative Appeals Tribunal – decision of the Australian Community Pharmacy Authority to recommend that an application for approval to supply pharmaceutical benefits – whether Tribunal to determine what was correct or preferable decision as at the date of its own decision or an earlier time – whether Tribunal has discretion to disregard change in circumstances after the date of the original decision

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), 43(1), 44 National Health Act 1953 (Cth), ss 90, 99J, 99K, 99L National Health (Australian Community Pharmacy Authority Rules) Determination 2006 National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2007 (No. 1)

Cases cited: Civil Aviation Safety Authority v Allan [2001] FCA 1064; (2001) 114 FCR 14 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 cited Friendly Society Medical Association Ltd and Australian Community Pharmacy Authority, Re [2008] AATA 1055; (2008) 106 ALD 635 Jebb v Repatriation Commission (1988) 80 ALR 329 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286 applied