Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kastrinakis v Australian Community Pharmacy Authority [2013] FCA 995 Citation: Kastrinakis v Australian Community Pharmacy Authority [2013] FCA 995
Parties: STEVEN KASTRINAKIS & ORS v AUSTRALIAN COMMUNITY PHARMACY AUTHORITY & ORS
File number: VID 111 of 2013
Judge: DAVIES J
Date of judgment: 2 October 2013
Catchwords: ADMINISTRATIVE LAW – judicial review – approval of pharmacists to supply pharmaceutical benefits from particular premises - National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (Cth) – requirement that premises be 1.5 kilometres from the nearest approved premises – whether minimum distance requirement a jurisdictional fact – whether "no evidence" to justify decision to approve – whether the decision maker took into account an irrelevant consideration – whether the decision maker failed to take into account a relevant consideration – whether an improper exercise of power – application granted. PRACTICE AND PROCEDURE – whether particular applicants have standing to bring claim – whether persons who are aggrieved – Pharmacy Guild of Australia v Australian Community Pharmacy Authority (1996) 70 FCR 462 followed.
Legislation: Administrative Decisions (Judicial Review) Act 1997 (Cth), s 5 National Health Act 1953 (Cth), ss 90, 99K National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (Cth)
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